Dating During Divorce: What You Need to Know

August 15, 2022

If you are going through the divorce process, you may be wondering when it is appropriate to start dating again. Before you start downloading those dating apps or pursuing that intriguing connection, consider the ramifications and pitfalls of dating during a divorce. A quick bit of knowledge could go a long way in preventing certain irreparable mistakes.

Here’s what you need to know before you start dating during your divorce.

Financial Risks

If your spouse knows that you have a new partner or are dating during the divorce process, they will likely push much harder for lower or higher spousal support. They will assume, fear, and contend that you are spending money on or because of your new romantic interests, which will likely negate any spirit of generosity. Further, they might claim that you are benefiting financially from your new partner and therefore need less. Depending upon the judge, this argument could be successful in court as well.

A romantic relationship outside of marriage and before a formal divorce is technically considered adultery in Maryland. Therefore, a judge could be inclined to award less money to the romantically involved spouse. Be aware as well that your own judgment at a critical time could be clouded, since dating fresh out of a difficult marriage can be emotional and exhilarating. Also, if you do begin dating someone with resources you might make decisions based on a false sense of financial security, despite the high risk that the romance will ultimately fizzle out.

Risk of Losing the Family Home

If you are vying to be the spouse who resides in the family home, at least while the children are minors, think carefully before dating during your divorce proceedings. If your spouse or a judge infers that your dating behavior means that a new partner will soon be sharing the family residence, that may be weighed in your request to be awarded the family home.

Custody and Visitation Risks

Dating during divorce could have serious implications for custody and/or visitation in Maryland. A spouse or judge could find that your “adulterous” behavior makes you less suited to care for your minor children, who are going through a significant life change. Knowing that stability is a critical factor for child development, a spouse could claim that exposure to a parent’s new partners could destabilize a child’s psyche and environment. With their parents not living with them under the same roof any longer, seeing a parent with a new romantic interest could be deemed too much change at once for the children. Further, time awarded for visitation could be lessened if the trier of fact deems that parental focus on the children’s schedules and emotional needs will be impacted by a spouse’s dating and relationship schedule.

Parental Harmony Risks

With social media activity so easily accessible—and children naturally wired as mini detectives—it is hard to hide your dating habits. And, even if your spouse is advocating for the divorce, chances are that they will be jealous, angry, or both, that you are moving on so fast. These emotions will almost inevitably lead to added strife, delay, and resistance to the terms that would benefit you and possibly even your children in the long haul. Add to this the fact that the most pivotal factor for children of divorce emerging unscathed is parental harmony, and the scales become heavily weighted against taking this chance on their mental health.

As tempting as it may be to begin dating as soon as possible, we encourage you to consider these risks and decide what is best for you and your family

For questions about divorce, please contact TNS Family Law at (410) 339-4100 or info@tnsfamilylaw.com. Our team of attorneys is here to help guide you.