Can I Date Someone Else During My Divorce?

 Posted on April 11, 2023 in Divorce

Although divorce ends a marriage and can be an extremely painful time in a person's life, divorce also opens up the opportunity for a new relationship – even when the spouses are older. Cupid's arrow does not always have the best timing, and sometimes a person meets the man or woman of their dreams before their divorce is finalized.

If you are getting divorced and you or your soon-to-be ex-spouse have met somebody new, you may wonder what the laws in Illinois are regarding dating during divorce. Depending on the circumstances, dating somebody before your divorce is over could have significant consequences.

Is Adultery Against the Law?

Being in a relationship with somebody else while you are still married is technically adultery - even if you are in the midst of a divorce. Theoretically, Illinois does have an adultery law on the books. However, the law has not been enforced in decades. Illinois courts understand that relationships are complicated and that dating somebody while you are still married is not terribly uncommon. So, you do not have to worry about facing criminal charges for dating somebody while you are still married. That being said, it is still possible for an extramarital relationship to affect your divorce case.

Dissipation of Assets During Divorce

Illinois law allows a divorcing spouse to file a claim for dissipation of assets if the other spouse misused or wasted assets during the breakdown of the marriage. One of the most common situations in which a spouse files a dissipation of assets claim is when one spouse uses substantial marital funds to pay for an extramarital affair. For example, if you took your new boyfriend or girlfriend on a lavish vacation using marital funds, it is possible that the other spouse could claim that you dissipated assets. You may be required to reimburse the marital estate for the lost funds. However, dissipation of assets only occurs under a narrow range of circumstances so it is important to speak to a divorce lawyer for personalized guidance regarding your situation.

Spousal Maintenance Considerations

Another crucial concern for older adults getting divorced is spousal maintenance or alimony. If you plan to petition the court for alimony or you have already been given a spousal maintenance award, make sure you understand how dating during divorce can affect your entitlement to maintenance. Per Illinois law, a recipient spouse can lose his or her entitlement to maintenance if he or she gets remarried or cohabitates with a romantic partner. If you move in with your new partner, you may be giving up this important form of financial support.

Contact our DuPage County Divorce Over 50 Lawyers

Getting divorced in your 50s, 60s, 70s, or 80s is not the same as getting divorced when you are younger. Older couples generally have a greater amount of assets and wealth to divide, more complicated financial situations, and may also be entitled to spousal maintenance. If you are getting divorced and you are over age 50, contact our DuPage County divorce attorneys for help. Call Divorce Over 50 - Goostree Law Group at 630-634-5050 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm