The Risks of Dating During a Divorce

Once the legal process of divorce begins, it’s natural to feel a sense of freedom and a desire to start dating again. However, it’s important to remember that even if your romantic relationship has ended, legally, you are still married until the divorce is finalized. Engaging in a new relationship during this time can have serious consequences. Let’s explore some of the risks associated with dating while going through a divorce.

The Accusation of an Affair

Dating before the marriage officially ends can leave you vulnerable to accusations of having an affair. While it may be technically true, as you are still married, this claim can be used against you by a vengeful spouse. Family courts are known for people acting out of spite, and you don’t want to provide ammunition that can potentially harm your case. If you start dating someone you knew before filing for divorce, your spouse can claim that the affair began long before the divorce even began, making it easier for them to establish infidelity.

Accusations of Wasteful Dissipation

During a divorce, the court must decide how to divide the marital assets. Some states use an equitable property division model, while others, like Nevada, use a community property division model where assets are divided equally. Both models rely on the existence of marital assets, which are items acquired during the marriage. Unfortunately, some spiteful spouses engage in wasteful dissipation, deliberately depleting marital assets to leave the other spouse with little or nothing.

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If you start dating before your divorce is settled, your spouse could accuse you of wasteful dissipation. Any new purchases or expenses related to your new partner could be used as evidence. For example, buying a new outfit, going on a date, and posting a picture on social media can be manipulated to create a narrative that you are intentionally wasting money.

The Dangers of Baseless Accusations

While these accusations may seem far-fetched, they still require your attention. Your attorney will need to investigate and produce counterarguments, leading to additional time and expenses. Even if the court ultimately dismisses these accusations, you will have incurred unnecessary fees. If you are also responsible for your spouse’s legal fees, you will be paying for their accusations as well. In some cases, opposing attorneys may engage in unethical practices, introducing bogus claims solely to prolong the case and increase their fees.


In light of these risks, it is wise to avoid dating while going through a divorce. When it comes to legal matters, it’s always better to err on the side of caution. Remember, once the divorce is finalized, you will have ample time to pursue new relationships. If you require assistance with your divorce, our firm is here to help. Contact us at (702) 899-2875 or visit our website Six Minute Dates.