If you’re separated and in the process of getting a divorce, dating someone new can complicate things legally. Especially if the divorce is not amicable.
Adultery is no longer considered fault-based grounds for divorce in Maryland or D.C. In some cases, it still is in Virginia. If the couple has already separated for other reasons, the new romantic interest could still catch the scrutiny of divorce attorneys. Especially if dissipation comes into question.
In divorce cases, to dissipate is for one spouse to spend money that is still legally entitled to both spouses, and is intended to be divided between the spouses as part of the final divorce settlement.
Spending what is considered marital money insignificantly, such as dining out or entertainment, would not rise to dissipation scrutiny. Large expenses might.
“Is there all of the sudden a significant increase in credit card debt? All of the sudden there has been a charge at Tiffany. Did someone buy a new car? That’s when lawyers take notice, and a court would also take notice,” said Julie Christopher, a family law attorney at Rockville, Maryland-based Stein Sperling.
A court may consider a new relationship when evaluating alimony, child custody, asset division and dissipation claims.
Dating during divorce proceedings could also drag that third party into the proceedings.
“The other spouse has the right to then formally interview the person that the spouse is dating, take their deposition and bring them in as a witness,” Christopher said.
Christopher said when it is appropriate to begin dating during a separation and divorce process is one of the most common questions family law attorneys are asked. She says the answer is simple.
“The best approach is the approach folks don’t like to take, which is exercising tremendous patience and waiting. Ideally, the spouses would reach an agreement. They’d say we’re separated and have ben separated for this period of time. We can each go out and we can date anybody we want,” Christopher said.
Get breaking news and daily headlines delivered to your email inbox by signing up here.
© 2025 WTOP. All Rights Reserved. This website is not intended for users located within the European Economic Area.
