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Date During Divorce

Am I Allowed to Date if My Divorce is Pending?

Divorce can be a lengthy process, and for many divorcing couples, the marriage is over emotionally long before a divorce is legally pursued. It’s not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question ‘to date or not to date’ is that there is no law in Massachusetts that prevents spouses from dating after separating or divorcing. So yes, you are allowed to date when your divorce is pending. However, before diving into the dating pool, you should be aware of the potential legal and financial consequences. Keep in mind, under the law, you are considered to be legally married until a judge officially divorces you. In regards to the financial aspects of a divorce, property division and support are determined by the Probate and Family Court using the factors outlined in General Laws Chapter 208, Section 34. One of the factors that come into play is the ‘conduct of the respective parties during the marriage.’ The Probate and Family Court will give little consideration to dating when dividing marital assets unless a spouse going through a divorce is spending a significant amount of money on their new love interest. This can be viewed as a dissipation of marital assets and can result in awarding the other spouse a more significant share of the marital assets. Financial support or alimony is the other financial aspect determined by Probate and Family Court. Outlined in General Laws Chapter 208, alimony can be “suspended,

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