Can I Date During My Divorce in Florida?
Technically legal, but dating during divorce can affect custody, alimony, and settlement. Learn the risks before you start dating.
Can I Date During My Divorce in Florida?
Quick Answer: Yes, it's legal to date once you've separated. However, dating during divorce can negatively affect custody, alimony, and your case outcome. Proceed with caution.
Is Dating During Divorce Legal?
Florida is a no-fault divorce state, meaning:
- You don't need to prove wrongdoing
- Adultery isn't a ground for divorce
- Dating after separation isn't "adultery" in most cases
However, legal doesn't mean consequence-free.
How Dating Can Affect Your Divorce
Impact on Custody
Dating can affect custody if:
- You introduce children to new partner too soon
- New partner has concerning background
- Dating interferes with parenting time
- It creates instability for children
Courts consider: The moral fitness of each parent and the effect of new relationships on children.
Impact on Alimony
Dating can affect alimony if:
- You're receiving alimony and appear to be cohabitating
- Funds are spent on new partner instead of needs
- It appears you don't actually need support
Florida law: Living with someone in a "supportive relationship" can reduce or end alimony.
Impact on Property Division
Dating can affect property if:
- You spend marital funds on new partner
- You make financial decisions to benefit new partner
- It angers your spouse and kills settlement negotiations
Impact on Settlement
Dating often:
- Increases conflict and hostility
- Makes your spouse less willing to negotiate
- Extends the timeline
- Increases legal costs
Practical Guidelines If You Date
DO:
- Wait until physically separated
- Keep it private and off social media
- Avoid introducing children until divorce is final
- Keep finances completely separate
- Be honest if directly asked in depositions
DON'T:
- Post about dating on social media
- Spend marital funds on dates
- Introduce children to partners
- Move in with a new partner
- Lie under oath about relationships
Questions to Ask Yourself
Before dating during divorce, consider:
Best Practice
The safest approach: Wait until your divorce is final. This eliminates all risk and lets you start fresh.
Get Personalized Advice
Every situation is different. Schedule a $125 Strategy Session to discuss how dating might affect your specific case.
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About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy
Antonio is the founder of Divorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
Is it legal to date during divorce in Florida?
Yes, it's legal. Florida is a no-fault divorce state, so adultery isn't grounds for divorce. However, dating during divorce can negatively impact custody, alimony, and settlement negotiations, so proceed carefully.
Can dating during divorce affect custody in Florida?
Yes. Courts consider each parent's moral fitness and the stability they provide. Introducing children to new partners too soon, or dating someone with a concerning background, can negatively affect custody decisions.
Can dating during divorce affect alimony in Florida?
Yes. If you're receiving alimony and begin cohabitating with a new partner in a 'supportive relationship,' your alimony can be reduced or terminated. Spending money on dating while claiming financial need can also hurt your case.
Should I wait until my divorce is final to date?
That's the safest approach. Waiting eliminates risks to custody, alimony, and property division. It also typically leads to faster, less contentious settlements since dating often increases conflict.
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