Going from being married to becoming legal adversaries during divorce can be overwhelming. Seemingly overnight, the relationship and the future you planned to have with your ex will disappear and be replaced with a strange and uncomfortable dynamic. During the process, your ex may decide to start seeing someone. In this situation, you may wonder: My spouse is dating during divorce: Does it matter?
California is a No-Fault Divorce State
When a person is married and has an extramarital relationship with another person, it is adultery. In some states, adultery is a ground for divorce. However, California is a no-fault divorce state meaning that neither party needs to be responsible for the marriage ending for the court to grant a divorce. That does not mean the fact that your spouse dating during divorce is completely irrelevant, however. There can be circumstances when a spouse is dating during divorce concerning their extramarital romantic partner may be relevant to a divorce.
Extramarital Partners and Division of Property
California is a community property state, and, outside of certain limited exceptions, what a couple earns and acquires during their marriage will belong to each of them equally. During a divorce, the former couple is expected to maintain their joint assets so that they can be equitably divided.
If your spouse decides to use community assets for the benefit of their new partner before your funds and property are divided, there may be an issue. For instance, suppose your ex takes a date on a weekend vacation using money from your shared bank account. In that instance, a California divorce court may decide to award you more of your community assets to compensate you for the funds your ex spent for this purpose. Likewise, if your ex accrues community debt for this purpose, the court can consider their conduct when making an equitable division of your community property and shared liabilities.
Extramarital Relationships and Spousal Support
In California, a divorce court can award temporary and long-term spousal support (alimony). The court will examine numerous factors to determine whether alimony is appropriate. However, the fact that one or both parties started dating during the divorce is not typically something the court will consider when deciding whether to grant spousal support. In other words, adultery does not mean the unfaithful spouse will have to pay support. Instead, the court will focus on the spouses’ financial needs and respective supportive abilities. However, the court can consider whether a spouse has decided to cohabitate with a new partner when evaluating the appropriateness and amount of alimony.
Extramarital Relationships and Children
Divorce can be painful and difficult for everyone involved. However, the process can be especially hard on children. During a divorce, kids may struggle with understanding and accepting their new circumstances. In addition, if a parent decides to start seeing someone during divorce, what was already stressful for them can become shocking and upsetting.
When parents have minor children, a California divorce court will be charged with making custody and support decisions that are in their best interest. In making custody determinations, the court will consider multiple factors that relate to a child’s well-being, including their parents dating during divorce. If there is evidence that a parent’s extramarital relationship has harmed their children, their conduct may impact the court’s custodial determinations.
Contact a California Divorce Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can answer your questions about dating during divorce and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.