NOTICE: None of these questions and answers constitute legal advice. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
With a few important exceptions, “marital property” is all the property that you or your spouse acquired during the marriage (also including most of the property that you or your spouse acquired “individually” during the marriage).
Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.
Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.
Marital property normally includes things such as your and your spouse’s bank accounts, houses, businesses, cars, furniture, appliances, stocks, bonds, jewelry, pensions, retirement plans, and IRAs acquired during the marriage.
When left up to the court, the judge will make a determination as to which parent should have primary physical and legal custody based on the best interests of the children, and if there is a real or perceived discomfort with the new parter experienced by the children, it is very likely to effect the amount of time each parent and particularly the dating parent is awarded.The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.Or, the other spouse may simply suffer anger and hurt as a result of the limited amount of time it apparently took the dating spouse to recover and move on.Dating while in the process of a divorce may also affect child custody determinations.Seeing parents date new partners is difficult for children, especially older children, and the new relationship may cause older children discomfort such that they decide residence with the other spouse would be more desirable.
That's why it's so important to speak to your lawyer if you plan to or have already begun a relationship during your separation.