There's nothing quite like explaining to someone on a first date that you're still married.
You might have been separated for months, moved into your own place, and accepted that your marriage is over, but until a judge signs the final divorce judgment, your relationship status is technically a little more complicated than "single."
Maybe you're ready to get back out there. Maybe someone caught your attention when you weren't even looking. Either way, you probably have one question before making dinner reservations: Could dating someone new affect your divorce?
Here's what you should know before putting yourself back on the market.
Is Dating During a Divorce Illegal in Florida?
Generally, Florida law does not prohibit you from going on dates while your divorce is pending.
Florida is a no-fault divorce state, meaning you do not have to prove that your spouse did something wrong to end your marriage. A court can dissolve a marriage when it is irretrievably broken, regardless of whether either spouse has started seeing someone new.
However, certain conduct during a marriage may still be relevant when resolving specific issues in a divorce.
Can Dating Affect Alimony?
It can, depending on the circumstances.
Florida law allows courts to consider adultery and any resulting economic impact when determining the amount of alimony, if any, to award.
However, beginning a new relationship does not automatically mean someone will lose their right to receive alimony or become responsible for paying it. Alimony decisions involve several financial considerations, including one spouse's need for support and the other spouse's ability to pay.
A new relationship may raise questions about someone's financial circumstances. For example, if a romantic partner regularly contributes to household expenses, that arrangement may be relevant when evaluating financial need.
Be Careful How You're Spending Marital Money
There's a difference between buying someone dinner and buying them a new car.
Florida courts may consider the intentional waste, depletion, or dissipation of marital assets when determining how property should be divided.
For example, imagine that someone begins taking expensive vacations with a new partner, purchasing extravagant gifts, or paying that person's living expenses using marital funds. Depending on the circumstances, those expenditures could become an issue during equitable distribution.
That does not mean every restaurant bill or weekend getaway will lead to a legal dispute. The source of the money, the nature and timing of the spending, and the surrounding circumstances all matter.
What If You Have Children?
A new relationship can also raise questions when children are involved.
Florida courts make parenting and time-sharing decisions based on the best interests of the child. Simply dating someone does not automatically make a parent unfit or justify limiting their time with their children.
However, the circumstances surrounding a new relationship may become relevant if they affect a child's safety, stability, or well-being. For example, concerns involving substance abuse, domestic violence, or an unsafe home environment could become important in a parenting dispute.
There are practical considerations, too.
Children may already be adjusting to living in two households, changes in their routines, and the emotional challenges of their parents' separation. Introducing a new romantic partner can add another adjustment to an already unfamiliar situation.
Parents should also be mindful of any temporary court orders or parenting arrangements that apply while the divorce is pending.
Could a New Relationship Make Your Divorce More Complicated?
Even when dating doesn't create a legal issue, it can introduce additional considerations during an already significant life transition.
Divorce often involves decisions about finances, parenting arrangements, and the future. A new relationship may bring additional emotions or practical questions into the process, particularly when spouses are still working toward agreements.
That doesn't mean dating will create conflict or prevent a divorce from moving forward.
Some people prefer to wait until their divorce is finalized before pursuing a new relationship. Others may feel ready to move forward sooner. Neither approach is right for everyone.
Your Marriage May Be Ending, but Your Life Isn't on Hold
Divorce doesn't always happen on the same timeline as moving on emotionally.
While Florida law generally doesn't prohibit dating during divorce, it's worth understanding how certain decisions could affect the matters you're still working to resolve.
Moving forward with your personal life and approaching your divorce thoughtfully don't have to be mutually exclusive.
If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.
Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.