Why Dating During Divorce Could Hurt Your Case

"wheatonDivorce is a distressing process that can have emotionally devastating consequences. Worse, it often comes on the heels of years of marital conflict. Understandably, divorcing spouses often feel lonely and are eager to begin dating once it becomes clear that their marriage has irreconcilably broken down. However, dating before your divorce is complete can have a negative effect on the outcome of your divorce. 

Your Finances Are Under Scrutiny


One of the risks of dating someone during your divorce is that the money you spend on your new partner may be considered “dissipation of assets.” Dissipation occurs when a spouse spends money, sells property, or destroys assets near the end of the marriage on a purpose not benefiting the marriage or the other spouse. Spending money on gifts for a new romantic partner is one of the most common forms of dissipation. If your spouse files a dissipation claim against you, you may be required to reimburse the marital estate for the dissipated assets.


Additionally, if you move in with the person you are dating and are financially supported by them, you may not be entitled to spousal maintenance payments. This can backfire, as your new relationship may not last forever, and court-ordered spousal maintenance payments are expensive and time-consuming to revisit. 

Dating During Divorce Can Lead to Contention 


Although you are no longer in a relationship with your spouse, dating too early after separation may be upsetting to your ex and trigger vengeful behavior. The court looks positively on parents who are able to co-parent cooperatively and dating too soon may impact your ability to do this.


Additionally, any children you share with your spouse will be affected deeply by the divorce. Introducing a new boyfriend or girlfriend could be upsetting to them and may even cause concern about your parenting capabilities.  

Only you can know if dating during divorce is right for you, but if you do decide to date before you divorce is completed, it is important to understand how this can influence the terms of your divorce. 


Speak with a DuPage County Divorce Attorney


Divorce can be a harrowing and complex process, and there are many things you need to think about. Hiring an experienced Wheaton, IL divorce attorney with Mirabella, Kincaid, Frederick, & Mirabella, LLC can help you handle the stressful legal aspects of divorce and allow you to focus on what matters. We pride ourselves on experience and customer service and can counsel you in making decisions that will help positively affect the outcome of your divorce. 


Call MKFM Law today at 630-665-7300 and make an appointment for a confidential consultation.





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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree