Dating During Divorce in Florida: Legal & Custody Risks

Dating during divorce in Florida is more than just a personal choice—it carries legal and emotional consequences that can affect the outcome of your case. While it might seem like the right time to move on, doing so before your divorce is finalized can introduce unnecessary complications. Understanding the risks and planning accordingly can protect your rights and emotional well-being during this vulnerable transition.

Understanding Florida Divorce Laws and Dating

Florida is a no-fault divorce state. This means that neither spouse must prove wrongdoing to file for divorce. Under Florida Statutes §61.052, the court may dissolve a marriage if it finds that it is irretrievably broken or if one party has been mentally incapacitated for at least three years. However, just because fault isn’t required doesn’t mean dating during the divorce process is inconsequential.

Until the divorce is finalized, both parties are still legally married. Therefore, dating someone else may legally be considered adultery. While rarely prosecuted criminally today, Florida Statute §798.01 technically still makes open adultery a second-degree misdemeanor. More importantly, evidence of such conduct can be used in divorce proceedings, particularly concerning alimony, equitable distribution and, in certain cases, time-sharing with children.

Legal Consequences of Dating During Divorce in Florida

Although Florida does not base divorce decisions on fault, judges do have discretion when it comes to determining the equitable distribution of marital assets, alimony, and child custody. Dating during the divorce process can influence these decisions.

For instance, under Florida Statute §61.075, courts must consider each party’s contribution to the marriage, economic circumstances, and any waste or dissipation of marital assets. If one spouse spends marital funds on a new partner—on gifts, trips, or shared housing—this can be deemed as the dissipation of marital assets. In such cases, the court may credit the other spouse accordingly in the division of property.

Additionally, Florida courts evaluate alimony based on the needs of one party and the ability of the other to pay. Evidence of a new romantic partner can affect an alimony determination. If it appears the new relationship provides financial support or reflects questionable judgment, the outcome may be altered unfavorably for the dating spouse.

Dating During Divorce and Child Custody Decisions (aka “Time-Sharing” Decisions)

One of the most serious implications of dating during divorce in Florida involves child custody, legally termed “time-sharing.” Courts are instructed to make decisions based on the best interest of the child, considering factors outlined in Florida Statute §61.13.

Among these factors is the moral fitness of the parents. If your new relationship suggests instability or exposes your child to inappropriate behavior, the court may reduce your time-sharing rights. Judges also evaluate the environment in which the child will live. Introducing a new partner—especially one unknown to the court—could prompt increased scrutiny. The judge may consider whether the partner has a criminal record, unstable employment, or a problematic background.

In many cases, even if the new partner is not a legal threat, the mere presence of a new romantic relationship can complicate custody proceedings. The other parent may argue the relationship harms the child’s emotional health or presents logistical challenges to shared parenting.

Emotional Considerations When Dating During Divorce

The emotional impact of dating during divorce is significant and often overlooked. While the excitement of a new relationship can be uplifting, it may mask underlying grief, anger, or fear stemming from the dissolution of the marriage. These unresolved feelings can resurface later, complicating your emotional recovery and potentially affecting your new relationship.

For many people, divorce is akin to mourning. When individuals jump into a new relationship too soon, they often avoid necessary healing. This lack of emotional closure can lead to poor decisions, including rushed negotiations that sacrifice long-term interests for short-term emotional comfort.

If your ex-spouse learns of your dating activity, they may feel betrayed or vindictive, regardless of who initiated the divorce. This emotional response can make the legal process more adversarial, driving up legal costs and delaying resolution. Moreover, these tensions can negatively impact co-parenting, which should ideally remain cooperative for the benefit of your children.

The Effects of Dating on Children During Divorce

Children often experience confusion, fear, and emotional instability during a divorce. If one parent introduces a new romantic partner during this period, children may interpret the new relationship as a replacement for the other parent, intensifying their feelings of loss or abandonment.

Research in child psychology consistently shows that children benefit from consistency and emotional stability. When a parent introduces someone new into their child’s life during an already turbulent time, it may undermine that stability. The child might react with anger, sadness, or withdrawal. In the worst cases, the child could act out or regress developmentally.

Moreover, if the new partner becomes involved in parenting decisions or discipline, the situation can escalate tensions between co-parents. The other parent may object to the influence of someone they don’t trust, further complicating custody and time-sharing arrangements.

Financial Risks of Dating During Divorce in Florida

Financially, dating during divorce can lead to increased expenses and complicated asset tracing. Any money spent on the new partner from joint accounts or credit can be scrutinized. If such spending is found to be excessive or secretive, the court may consider it in the equitable distribution analysis.

Furthermore, if your new partner moves in with you or otherwise supports you financially, it may affect calculations for temporary support or spousal maintenance. Courts may reduce or deny alimony if they determine your living expenses are being shared or subsidized by someone else.

This reality underscores the importance of documenting expenses and maintaining financial transparency during divorce proceedings. Consult your attorney before making major financial decisions or entering new living arrangements during your divorce.

Practical Advice: Should You Date During Divorce?

Given the legal and emotional risks, many family law attorneys advise clients against dating during divorce. If you choose to date, proceed with discretion and be aware of how your actions might be perceived by the court.

A few practical guidelines include:

• Keep your relationship private and off social media.
• Refrain from introducing your new partner to your children until the divorce is finalized.
• Avoid using joint marital funds to support your new relationship.
• Disclose any significant relationships to your attorney.

Choosing the Right Divorce Attorney in Florida

Divorce proceedings involve sensitive issues ranging from asset division to parental rights. It’s critical to work with a family law attorney who understands Florida law and its practical implications. An experienced attorney can help you avoid common pitfalls, protect your rights, and guide you toward the best outcomes for your future.

Your attorney will assist in evaluating how your personal life—including dating—may affect your case. They can also prepare strategies for addressing potential objections from the opposing party or the court regarding your behavior.