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What Do I Do if My Spouse Dates During Our Divorce?

Has your husband or wife started dating and you’re not even divorced yet? If so, you probably have some questions running through your mind. “Can they do that? Can their dating impact the divorce settlement? Do the courts care? Is it even legal or are they committing adultery?”

Dating during a pending divorce is one topic that comes up frequently. Either a client will be concerned because their spouse has resumed dating before the divorce is final or our client will want to know if it’s okay if they date during their Nevada divorce. Either way, it’s an important and relevant question to ask and it’s something all divorcing spouses should be informed about.

Nevada Judges Aren’t That Concerned

In some states, such as Texas, dating during divorce (even after separation) is not only frowned upon, but it can be considered adultery and it can impact alimony awards and property division. Like our neighbor California, Nevada is a rather progressive state. Not only does Nevada grant no-fault divorces, dating during a divorce will not bar a spouse from receiving spousal support.

Nevada judges are generally not that concerned about dating during a divorce unless the dating spouse wastes marital assets on their new boyfriend or girlfriend. If the dating spouse were to spend marital assets on their new romantic partner, it could reduce their share of the marital estate, especially if the money spent was significant.

Our Advice to You

If your spouse has already started dating other people and you’re still legally married, here’s our advice to you:

  • Try not to let their dating cloud your decisions about your divorce
  • Treat your divorce like a business transaction and avoid making emotional decisions you’ll later regret
  • Talk to your spouse about the dating and how you’ll both handle it
  • Consider dating yourself as this might be a good distraction
  • Do not talk about your spouse’s dating on social media as this can upset your spouse and cause contention
  • Ask your spouse to date discreetly
  • Ask your spouse not to introduce any dates to your children until the divorce is final and they are in an exclusive relationship
  • If you date, keep pics of your dates off social media
  • If you date, be honest about your divorce status
  • If you suspect your spouse is wasting marital assets on their dates, inform your attorney right away as this can impact the divorce settlement

If you have further questions about dating during a Nevada divorce or if you’re looking for divorce representation, we invite you to contact Leavitt Law Firm to get started.

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