Separating or divorcing your partner can be lonely. The long process of divorce can make you crave the connection of another person or a distraction from the stress. Dating while you are in the process of a divorce can be a tricky situation. Going on a date, hanging out with one person, or forming a sexual relationship could complicate your divorce proceedings. The answer to “Can you date during divorce,” is not a simple “yes” or no.” In many states dating during a divorce or separation could lead to a more complex legal process. Here is all the information you will need to keep in mind before dating during a divorce. 

What Is Considered Dating?

The term dating can mean many things to different people, especially in legal terms. In general, social contact with another person who has a degree of intimacy could be considered dating. Some questions a judge could ask about your dating during a divorce include:

• Did you have a social connection that was more than casual (like what you would find in the workplace)?
• How many interactions were there?
• Did you communicate about the extent or affirm the relationship?
• Are there other aspects of this relationship that would suggest it was more than platonic?

Divorce Vs. Separation

Some states will allow for a legal separation if you’re not ready to jump to divorce. While a legal separation can remove you from a shared home or give you some more freedom from a partner, you are still legally married and can not marry someone else. Trial separation or a permanent separation can help parties decide if they think divorce is right for them.

Having a written separation agreement will save you a lot of trouble if you are separating or living away from your spouse. The agreement should outline if you and your spouse are allowed to date other people. Violating the agreement could change the projection of your divorce or reunification. 

State adultery laws and other factors can also impact dating during divorce. Involving more people in a complex and tense situation can become a legal nightmare. 

Cons Of Dating During Divorce

A divorce lawyer will advise you to refrain from dating until your divorce is final. There are several reasons why dating before your divorce can be a mistake.

The increased cost of divorce: Adding contention to a divorce can make it last for longer. This will increase the legal costs for both parties and could cause major financial stress. More court battles, higher lawyer costs, etc., will all be increased when you mix in dating or an engagement with a new partner. 

Damaged reputation: Dating before your divorce is final can be damaging to your reputation or the person you are dating. While other people’s opinions shouldn’t dictate your life, speculation, and rumors can complicate a divorce. The thoughts of others could damage your future opportunities as they may not agree with your relationship choices. 

Higher stress levels: Juggling all the new emotions that come with a new relationship is challenging on its own, but doing so on top of a divorce can be extremely taxing. Dealing with emotional regulation during a complex divorce can push people to seek therapy or medication to cope. Avoiding a new relationship until after the divorce is complete will keep you mentally healthy and make you a better partner when a new relationship is appropriate. 

Potential financial impact: If you start dating during a divorce, your spouse could claim wasting of assets, which will then cause you to have to reimburse the spouse a large sum of money. Sharing living expenses with a new partner, going on trips, or relying on a new partner for your daily expenses could impact spousal support. 

Fault-based divorce: Most divorces can be filed as no-fault, which means you don’t need to give a reason for the separation. However, when a spouse starts dating too early, the other spouse could claim adultery or other fault that could cause a more expensive divorce. 

Children Involvement

Children often get the brunt of a divorce and struggle with emotional trauma for years. Dating during your divorce can complicate things for your children and make it hard for them to trust others. Creating hard feelings between your children and your soon-to-be ex will make co-parenting extremely difficult. 

Waiting to date a new person will allow you and your children to have difficult conversations, seek therapy, and find a new routine. 

How To Date During Divorce

If you choose to start a new relationship while your divorce is in progress, there are some do’s and don’ts you should follow.

Don’t

• Date while you still live with your spouse
• Behave badly in front of children or pit children against their parent
• Get pregnant or impregnate your new partner
• Spend extravagant amounts of money
• Move in with a new partner

Do

• Socialize with groups
• Continue to network, attend events, and make new friends
• Find a support group or others who have dealt with a divorce
• Be upfront with interested parties about your situation

Legal Help From Kaufman, Nichols, and Kaufman

If you are looking to end your marriage, the right lawyer will make the process smooth and painless. Our team at Kaufman, Nichols, and Kaufman can help you navigate all the legal jargon and other problems that may arise. Our lawyers will ensure that all terms are discussed and agreed upon by each party. Contact us to set up a consultation to learn if we are the right fit for you.

During a divorce, you may work out spousal support, which will help the lower-income spouse be able to support children, live comfortably, and avoid job loss. Spousal support can help both parties avoid financial stress. Job changes can affect spousal support for either the receiving spouse or the paying spouse.

Keeping up with life’s challenges can be hard in a single-income household. Seeking a promotion or better job could change the amount of spousal support you receive or contribute. Alimony payments can be impacted when you change industries or advance in your current company. This support money helps to maintain both parties’ standard of living they had during the marriage. Below we will discuss how job changes and advancements can affect spousal support. 

What Is Spousal Support?

Alimony is a financial payment made by one spouse to the ex-spouse who may have a lower income or no income. The amount of support is determined during the divorce proceedings and can depend on several factors. The state’s cost of living, current job, children, and splitting of assets can affect the amount of money an ex-spouse will receive.

Increased Vs. Decrease Income

When a paying spouse sees an increase in their annual pay, the receiving spouse could request an increase in payment. Courts could see the higher-earning spouse as being able to contribute more now that their paycheck has increased. The change must be ongoing and substantial for a court to rule on an increase in spousal support. 

An increase in income from the lower-earning party could also impact spousal payments. The higher-earning party could request to pay less support now that the other party is working or making a higher wage. 

Decreases from either party can be an instance of changing spousal support payments. As the cost of living increases and salaries stay the same, more support from an ex-spouse could be necessary. It is important to note, that an increase or decrease in income does not automatically constitute a change in alimony payments. Attorneys and a court will need to discuss and assess all aspects of your life before changing the terms of spousal support. 

Voluntary Unemployment

If a spouse voluntarily reduces their income, the courts will scrutinize every angle of this choice. For a spouse who quits their job or takes a lower-paying position without a valid reason, courts could revoke spousal support or refuse to make changes. When alimony payments are developed, the court takes into account what the receiving spouse could make depending on skills, education, experience, and physical capability. The contributing spouses’ skills and education will also be considered when determining if job changes impact the payment. 

Temporary Or Permanent Advancement

Job changes are often permanent, but there are temporary promotions that could occur. Temporary employment or temporary reassignments are not eligible for changes in spouse support. Job changes must be sustainable and continuous to impact alimony payments. Temporary unemployment or reassignment may not warrant a change in the amount of money a spouse receives. A stable change is more likely to adjust spousal support payments as that income will be accessible in the coming years. 

The Process Of Modifying Spousal Support

Every divorce and alimony proceeding will look different. During an income change, a party must submit a motion to the court that originally submitted the spousal support order. The court will look at current payments, increase or decrease in income, job longevity, and the impact it could make for the other ex-spouse. 

The court will determine if a support change is necessary for both parties to remain comfortable. Each spouse has the opportunity to present evidence and discuss their case with the court before a decision is made. 

Professional Divorce Advice From KNK

The lawyers here at KNK are the experts in complex divorce. Kaufman Nichols and Kaufman offer divorce advice and will represent you throughout the long process. In addition to divorce law, we also cover personal injury law, criminal law, estate planning, and real estate law. 

Whether you are seeking a better division of assets or more spousal support, we are here to encourage you. Our lawyers are the best in Utah and can help you negotiate job changes that could increase your spousal support. Reach out to us and learn more about our lawyers today!

Divorce is an emotionally charged proceeding that can affect multiple areas of your life. Going through a long process while dealing with complex emotions can cause you to make mistakes. Divorce involves a lot of financial strain, changes to your family dynamic, long meetings, and much more. Below are some of the most common divorce mistakes and how you can avoid them. 

1- Failing To Understand Your Finances

One of the most common divorce mistakes is not having a clear understanding of your finances. Dividing assets and income can get complicated when you don’t understand how your finances will change after the divorce. The lack of knowledge could lead to you settling for an unfair amount and having financial struggles after the divorce is final.

Before meeting with your lawyer, gather all financial documents including tax documents, bank statements, and mortgage information. You can also consult with a financial advisor to help you better understand your current financial liability. Financial literacy will help you make informed decisions during the settlement process. 

2- Letting Your Emotions Drive

Divorce is an emotionally charged situation for all parties, but letting anger, resentment, or pride guide your choices is a common mistake. When emotions are running high, it can be hard to negotiate with your estranged spouse, even with a lawyer. 

Consider working with a therapist or counselor while your divorce is ongoing. This will help you let out your feelings in a safe space while gaining a better perspective on your current situation. Therapy is a great place to talk about a situation and work through scenarios before you navigate them in real life. 

3- Not Obtaining Legal Advice

Common divorce mistakes often involve not utilizing the expertise of a lawyer. Even if you have family or friends who have gone through a divorce, they can not provide you with comprehensive advice. Attorneys are able to help with paperwork, complicated matters like spousal support and child custody, as well as scheduling mediation and court proceedings. Find a qualified divorce lawyer who knows the divorce process in your state. 

4- Neglecting Taxes When Creating A Settlement

Tax implications are often overlooked when it comes to a divorce. Different assets have different tax treatments that could result in financial strain later on. Consult your financial advisor or tax specialist to help ensure that the division of assets and alimony agreements are fair for both parties. 

5- Dating Before Your Divorce Is Final

Common divorce mistakes often involve parties moving on too fast or doing something neglectful that impacts your divorce. Getting into another serious relationship, spreading information about the divorce on social media, or rubbing a new relationship in your partner’s face will have a negative impact on your proceedings. 

A new relationship can also impact your children during this traumatic period. The presence of a new person who can conflict with you and your spouse’s parenting can be even more detrimental than the divorce. Use extreme caution when going on dates or forming relationships with a new partner. 

6- Making Side Agreements Without Your Lawer

Negotiating agreements without your lawyer is another common divorce mistake that parties make. Talking with your ex-spouse about finances, child custody, and splitting assets without a written agreement may be hard to prove in court. Even in the heat of the moment or if an ex-spouse is putting pressure on you, agreeing to something outside of your lawyer’s office is a common mistake that could cost you in the long run. 

7- Overlooking The Impact On Children

One of the biggest divorce mistakes is neglecting to understand the effect on your children. With all of the small components that take up your focus during a divorce, you may neglect your children’s needs during the process. The divorce will impact children just as much as if affects adults, so listening to their feelings and working to not burden them with your worries is important. 

Another aspect to remember is to keep your children out of arguments or negotiations with your spouse. Using children as pawns during your divorce can cause trauma for them and weaken their relationship with either parent. 

Some parents use children to fill the gap left in their lives by treating them like adults or partners. This affects children by making them feel responsible for their parent’s happiness. These parents can also develop an unhealthy relationship with their children, where they depend on them, and may feel abandoned when the child moves on to new relationships. 

8- Failing To Update Wills, Trusts, and Estate Plans

Significant live events often will affect your will and trust. Divorcing your spouse could invalidate previously executed wills and can change your estate plans or division of assets once you die. During a divorce, make sure to work with your lawyer to update your trust and change your wishes to reflect your life change. 

Divorce Help From Kaufman Nichols & Kaufman

Our lawyers are the experts in divorce proceedings in Utah. KNK can help you with multiple components of a divorce including wills and trusts, child custody, negotiation, and court proceedings for complicated divorce. With over 100 years of collective experience, Kaufman, Nichols & Kaufman help you by providing tactful and vigorous representation. Reach out to us to learn more about our office today!