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How Will Dating Affect My Illinois Divorce?

Posted on in Divorce

DuPage County divorce attorney spousal maintenance

The wish to share your life with a romantic partner is human nature. After you decide to file for divorce, you may be eager to find a boyfriend or girlfriend who can become the loving partner you wished your soon-to-be ex-spouse would have been. You may have even decided to end your marriage because you met someone else. While the desire to date before a divorce is finalized is understandable, dating during divorce can negatively impact the outcome of your divorce in several different ways.

Legal Implications of Dating During Divorce

You may be shocked to learn that adultery is technically a misdemeanor criminal offense in Illinois. Of course, it is almost never prosecuted and the chances of a person being convicted of adultery are nearly zero. However, dating before the completion of your divorce can have significant civil consequences.

The dissipation of assets is a term used to describe the use of marital funds for a purpose not related to the marriage while the union is experiencing an irreparable breakdown. If you spend money on an expensive vacation with your new dating partner or give him or her valuable property as a gift, this spending may be considered dissipative. If your spouse files a dissipation claim, you may be required to reimburse the marital estate for the dissipated funds. Dealing with a dissipation claim can be costly and embarrassing.  

Spousal Maintenance and Child Custody Concerns

Spousal maintenance, also referred to as spousal support or alimony, is money that a higher-earning spouse pays to a lesser-earning spouse after divorce. You may be entitled to spousal support if you and your spouse agreed to a spousal support arrangement through a prenuptial agreement or postnuptial agreement or if the court decides that spousal support is warranted based on your financial and employment circumstances. However, spousal support may be terminated if the recipient spouse is living in a “marriage-like” relationship with another person. If you and your new partner are cohabitating, your spouse may petition the court to forgo maintenance payments.

Child custody may also be affected by a spouse’s new dating partner. If your new partner has been convicted of certain crimes, has a substance abuse problem, or may somehow represent a risk of harm to your children, this may affect your parental responsibilities and parenting time decisions.

Contact a Cook County Divorce Lawyer

Dating during a divorce has the potential to complicate your divorce – both legally and emotionally. For dependable legal support and trustworthy guidance throughout the divorce process, turn to the skilled Hinsdale divorce attorneys at Botti Marinaccio, LTD. We will work to protect your rights throughout the legal proceedings to ensure you receive a fair settlement. Schedule a personalized case consultation by calling our office today at 630-575-8585.



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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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