Dating While Getting Divorced

Posted on November 12th, 2021 by Allison Trendle

A contested divorce can take years to finalize, and some people are ready to start dating while the process is ongoing. While nothing is stopping either party from dating while getting divorced, there are some things to keep in mind.

Dissipation

Dissipation is using marital money in a way that benefits only one divorcing spouse (750 ILCS 5/503). Generally speaking, money earned during the marriage by either spouse is marital money. When you file for divorce, you can use marital money for:

  • Your attorney’s fees
  • Mortgage and rent payments
  • Groceries
  • Getting your hair and nails done
  • Generally anything you spent money on during the marriage

You can’t, however, use marital money on your new relationship. This means that neither party should be using marital funds on dating apps like Bumble, Tinder, or Hinge. Dating sites like Match and eHarmony are also off limits if you plan to use marital assets to pay for it. Once you’re in your new relationship, you cannot buy your new significant other expensive presents, take them out to fancy dinners, or go on vacation with marital money, either.

 If one party does dissipate marital funds like this, the other party might be entitled to reimbursement for some portion or all of the funds spent on the new relationship. It is very important that you immediately contact an experienced Will County divorce lawyer such as the attorneys at Giannola Legal LLC if you suspect your spouse is spending your marital funds on his or her new paramour. 

Court Behavior

Your new significant other should also follow your Parental Allocation Judgment, as well, if you have minor children with your ex. You should not introduce your child to a brand new significant other, have your child call them mommy or daddy, or allow your new partner to insult or demean your ex in front of your children. In fact, most PAJs have provisions that specifically prohibit this type of behavior in order to maintain a level of civility for the children involved.

Additionally, unless your new partner is a witness in the case, they should not come with you to court appearances. Just because it’s called a court date, does not mean you should bring a date. For more dating advice, contact one of our Will County divorce lawyers at Giannola Legal LLC for a free consultation on your divorce and the impacts of you or your spouse dating during a divorce.

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