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Divorce Basics5 min read

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.

January 20, 2026By Antonio G. Jimenez, Esq.

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:

Is my divorce likely to be contentious?
Will my spouse use this against me in custody?
Am I emotionally ready for a relationship?
Could this extend my divorce timeline?
Is it worth the potential complications?

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.

Related Topics

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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 AI

Frequently 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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