While most people choose to marry again three years after a divorce, many times new relationships form as old ones end. Having a new partner while you are divorcing someone else can help you feel more emotionally secure but could create havoc on legal issues in your divorce. Here’s how rebound relationships affect alimony when divorcing your significant other.
Does Marital Misconduct Affect Alimony?
The rules for alimony vary in each state. Generally, alimony is awarded based on a spouse’s financial need and the other spouse’s capability of paying for alimony. Some states will award higher alimony amounts for things like adultery, cruelty, desertion, and reckless spending. Other states prohibit any type of marital fault from being factored into an award for alimony support. You will need to consult a divorce attorney for specific information in your state regarding marital misconduct and alimony.
How Does Cohabitation Affect Alimony and Divorce?
Alimony is automatically terminated when one of the spouses either die, remarry, or live with someone else. The moment you move in with your new love, your claim to alimony is over even if you were given a temporary alimony award. If you are the one paying alimony while divorcing your significant other, having a new boyfriend or girlfriend living with you has no effect on your obligation to pay.
Cohabitation during a divorce can also create legal issues in regards to any children you have together. Courts don’t typically like the introduction of new parties to children during the process of divorce. A court can issue an order that prevents your new partner from spending the night with you during the divorce proceedings. If you are already living together, it could affect your children in being able to live with you.
Does Cohabitation or Adultery Affect Division of Property?
Adultery and cohabitation can affect property division in states that recognize marital fault in divorce cases. The spouse who is innocent can receive greater portions of the overall marital estate than the spouse who has committed adultery. Living with someone else isn’t considered adultery in a court of law. However, a judge may consider that you are depleting marital property with someone who isn’t your spouse and order that you reimburse your spouse a portion of the amount you have spent with your new partner.
When divorcing your significant other, you may desire to flaunt your newfound love in front of your past partner. However, it could cause a negative impact on your divorce case. Get divorce counsel from a licensed divorce lawyer before making any public displays of affection.