Dating during divorce is not illegal, but many divorce lawyers advise their clients not to date during divorce—or to only do so in a way that is respectful of your soon-to-be ex-spouse and your children, if any. Dating during divorce may create the perception with the court (judge) that your extra-marital dating caused the breakup of the marriage and may influence the court’s division of property (assets), temporary spousal support (during the divorce), spousal support, spousal maintenance, or alimony following the divorce, and child custody decisions.

Dating during divorce may cause the court to question your judgment—especially if the court believes exposing your children to your new relationship may be mentally and emotionally difficult or harmful to them—making it necessary for the court to order the spouses not to have overnight guests (dates) when they have custody or possession of the children during the divorce process.

In Massachusetts, dating during divorce is not prohibited by law, but it can have significant legal implications. Attorneys often advise clients to be cautious about dating while their divorce is pending. The reason for this caution is that dating can affect how the court views the breakdown of the marriage, potentially influencing decisions related to property division, alimony, and child custody. If the court perceives that dating has negatively impacted the children or contributed to the end of the marriage, it may affect the court's rulings on these matters. Additionally, if a parent's dating behavior is seen as harmful to the children's well-being, the court might impose restrictions, such as prohibiting overnight guests during times when the parent has custody of the children. It's important for individuals going through a divorce in Massachusetts to consider the potential legal consequences of dating and to consult with their attorney for personalized advice.