Dating During Divorce in Texas: How It Could Cost You More Than You Think

Navigating the Complexities of Dating While Divorcing in Texas

Divorce is often an emotionally exhausting and legally intricate process. While it’s natural to want to move forward and begin a new chapter, dating during a divorce in Texas presents legal, financial, and even child custody challenges that many people overlook. In a state where family law courts consider adultery and financial fairness, starting a new relationship before your divorce is finalized could have unexpected consequences.

Texas is one of the few states that still allows fault-based divorce, meaning a spouse can cite adultery or misconduct as a reason for the breakdown of the marriage. Even if both parties have emotionally moved on, Texas courts view marriage as legally binding until the final divorce decree is issued. This means that dating during a divorce can be considered adultery—a factor that may influence property division, alimony, and even parental rights.

So, before you swipe right or step into the dating scene, it’s critical to understand the risks involved.

Key Takeaways

• Dating during divorce in Texas can be legally considered adultery, potentially affecting property division and alimony.
• Spending marital funds on a new partner may result in financial penalties or unequal asset distribution.
• Child custody can be impacted if dating disrupts a child’s stability or introduces concerns about a new partner.
• Public perception and emotional consequences can prolong divorce proceedings and increase conflicts.
• Legal guidance is essential—consult a divorce attorney before entering a new relationship to avoid unexpected repercussions.

How Dating Can Impact Your Divorce Settlement in Texas

1. Adultery & Fault-Based Divorce: What Does the Law Say?

Texas law defines adultery as voluntary sexual intercourse with someone other than your spouse while you are still legally married. While dating itself is not illegal, engaging in an intimate relationship before your divorce is finalized can be used as evidence of adultery, which could influence financial and legal outcomes.

If your spouse can prove you were unfaithful before or during the divorce proceedings, they may gain an advantage in property division and spousal support negotiations. Even if you’ve been separated for months (or years), the law does not recognize separation as legal grounds for dating without potential consequences.

How Courts May View Adultery in a Divorce Case:

• If one spouse spends marital funds on a new partner, the court may order them to compensate the other spouse.
• Judges may consider adultery when determining alimony (spousal maintenance), particularly if the guilty spouse is requesting financial support.
• If a spouse proves that adultery was a major cause of the divorce, they could receive a larger share of community property.

Potential Legal Consequences of Adultery in a Texas Divorce

2. Financial Ramifications: How Dating Can Affect Property Division & Spousal Support

Texas follows community property law, meaning that assets acquired during the marriage are generally split equally. However, when adultery or financial misconduct is involved, judges have discretion to adjust asset distribution.

If a spouse spends money on a new partner—whether through vacations, gifts, or shared expenses—this spending could be classified as “wasteful dissipation” of marital funds. The court might order the guilty party to reimburse the marital estate, ultimately affecting how assets are split.

Key Financial Considerations:

• Bank Transactions & Credit Card Statements: If a spouse spends marital money on a new relationship, it may be used as evidence to alter asset distribution.
• Alimony Eligibility: Texas law allows judges to deny or reduce alimony if the spouse requesting support has engaged in adultery.
• Business & Retirement Accounts: If one spouse has financially supported a new partner during the divorce, courts may award the other spouse a greater share of business assets or retirement accounts.

3. Child Custody & Parenting Considerations

When children are involved, courts always prioritize their best interests in determining custody arrangements. While dating during a divorce does not automatically impact custody, it can raise concerns if the relationship is seen as disruptive or harmful to the child’s well-being.

Factors That Can Influence Custody When Dating:

• If the new partner has a criminal record or a history of substance abuse.
• If introducing a new partner too soon causes emotional distress to the child.
• If the dating parent prioritizes their relationship over parental duties.

Even if the new relationship is stable and healthy, judges may question whether the timing is appropriate during a contested divorce. In contentious cases, an ex-spouse may argue that dating has created instability or confusion for the child, leading the court to limit custody or visitation rights.

Best Practices for Parents Who Want to Date During Divorce:

• Avoid introducing new partners to your children until the divorce is finalized.
• Ensure your new relationship does not interfere with parenting responsibilities.
• Be prepared for scrutiny from your spouse’s attorney if they attempt to challenge your parental judgment.

Social, Emotional, and Psychological Consequences

While legal considerations are paramount, dating during a divorce also comes with emotional and psychological implications. Divorce is a time of transition, and entering a new relationship too soon can create additional stress for all parties involved.

Emotional Challenges to Consider:

• Increased Conflict: If your spouse feels hurt or betrayed by your new relationship, it could lead to prolonged litigation and costly legal battles.
• Impact on Negotiations: A contentious divorce can turn into an all-out war if one party believes the other has moved on too soon.
• Effect on Family & Friends: Some social circles may view dating during divorce negatively, straining personal relationships.

Divorce attorneys often advise their clients to focus on finalizing their divorce before entering a new relationship to avoid unnecessary complications.

Best Practices: How to Protect Yourself If You Decide to Date

If you choose to date before your divorce is finalized, consider these strategies to minimize risk:

1. Be Discreet: Avoid posting about your new relationship on social media or discussing it publicly.
2. Do Not Spend Marital Funds on a New Partner: Any financial transactions related to your new relationship could be used against you in court.
3. Consult Your Attorney: Before making any decisions, discuss the potential impact with your divorce lawyer.
4. Keep the Kids Out of It: Avoid introducing children to a new partner until the divorce is finalized.
5. Understand the Risks: Be prepared for possible consequences in custody battles, asset division, and spousal support discussions.

By understanding the legal, financial, and emotional ramifications of dating during divorce, you can make informed decisions that protect your future.

Resources for Further Reading and Assistance

• Married but Dating Another Person During a Texas Divorce?
• Dating During Your Texas Divorce: Why You Shouldn’t Do It
• Love in Limbo: Navigating Dating While Separated
• Divorce 101
• Divorce e-Book
• 13 Dirty Divorce Tricks to Watch Out For
• Areas We Serve - Lawyer Locator

Join the Conversation

"Would you wait until your divorce is finalized before dating, or do you believe it’s fair to move on emotionally even while legal proceedings are ongoing? What are the risks and benefits?"

Share your insights with us.