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 New York, dating during divorce is not prohibited by law, but it can have legal implications. Attorneys often advise clients to be cautious about dating before the divorce is finalized. The reason for this caution is that dating can affect how the court views the circumstances of the divorce. If the court perceives that dating contributed to the breakdown of the marriage, it may influence decisions regarding the division of assets, temporary spousal support, and permanent spousal maintenance (alimony). Furthermore, if children are involved, the court may scrutinize the parent's judgment regarding the exposure of children to new relationships. The court's primary concern is the best interests of the children, and if it believes that the children might be negatively affected, it could lead to restrictions such as prohibiting overnight guests while the children are present. Therefore, while dating is not illegal, it can have significant consequences on the outcomes of divorce proceedings in New York.