What happens if your spouse starts dating during your divorce?

On Behalf of | Nov 29, 2021 | Divorce

While everyone knows divorce can be hard on anyone, not every divorcing spouse reacts the same way to it. If your husband or wife has been having an affair, he or she may begin to date openly before the end of your marriage becomes final. Alternatively, your spouse simply may decide to jump back into the dating pool too early for your liking.

Family law judges in California tend to be busy. Therefore, even if your spouse’s dating technically qualifies as adultery, the judge in your case is not likely to pay much attention to it. There are a couple of situations when your spouse’s dating may affect your divorce, however.

Is your spouse wasting marital assets?

During your divorce, you must divide marital property. California is a community property jurisdiction, so everything you and your spouse have acquired during your marriage probably belongs to the two of you equally.

If your spouse is spending marital assets on his or her new love interest, a judge may give you a larger size of the marital estate. Your judge may also issue an order to stop your spouse from wasting your marital assets.

Is your spouse neglecting your kids?

Many divorces also include child custody disputes. According to Psychology Today, a parent’s dating during or soon after a divorce may be emotionally harmful to the children. Specifically, the kids may not be ready to accept a parent’s new love interest.

While your spouse may be able to date someone else and still be an effective parent, dating may encourage your husband or wife to neglect the kids. If that happens, you may have a compelling argument for sole physical custody of your children.

Ultimately, even though you may not be able to prevent your spouse from dating during your divorce, you can take steps to protect both your financial interests and your children.

RSS Feed

FindLaw Network