Can I Date Before My Divorce Is Official in Illinois?

 Posted on June 09, 2025 in Family Law

Going through a divorce is never easy. After dealing with immense emotional turmoil, many people are ready to move on from this draining situation. As emotions settle and routines change, many people find themselves wondering if it is too soon to step back into the dating world. 

The desire to move on is natural—but is it wise, or even legally permitted, to start dating before your divorce is finalized? Your actions during this time can have unintended consequences on your case, so it is essential to work with a Bloomingdale divorce attorney who can help you navigate this sensitive transition.

Is Dating During Divorce Legal in Illinois?

Illinois follows a no-fault approach to divorce. This means neither spouse needs to show that the other did something to end the marriage. Therefore, starting a new romantic relationship before your divorce is finalized is not considered illegal. Even though the law does not prohibit dating, it can influence various aspects of your divorce in ways you might not expect.

Can Dating Affect the Division of Marital Property?

Under the Illinois Marriage and Dissolution of Marriage Act, marital property must be divided equitably. This means that the court considers a fair division, not necessarily equal. 

Dating someone new will not automatically change how property is divided. However, if you are spending large amounts of marital assets on a new partner, like vacations, gifts, or housing, this could be viewed as dissipation of assets. As a result, the court may compensate the other spouse accordingly.

Will Dating Before a Divorce Is Finalized Impact Child Custody Decisions?

When courts determine the allocation of parental responsibilities, they do so based on the child's best interests. If your new relationship negatively affects your children or your ability to co-parent, a judge may consider that when determining parenting time and responsibilities. Introducing children to a new partner too quickly or exposing them to unstable or inappropriate situations can be a red flag in custody evaluations.

Could Dating During Divorce Influence Spousal Maintenance?

While dating does not automatically affect spousal maintenance, cohabiting with a new partner might. Under state law, maintenance payments may be reduced or eliminated if the spouse receiving maintenance begins living with a new partner on a continuing conjugal basis. Even if you are not officially cohabiting, significant evidence of a serious romantic relationship could trigger a legal review.

What Steps Should You Take If You Choose to Date?

If you decide to date while your divorce is pending, it is wise to avoid certain actions so that you do not negatively impact the outcome. Consider these steps to protect your interests:

• Avoid introducing your children to new partners too soon

• Do not use marital funds on dating-related expenses

• Be discreet and respectful about your dating life

• Speak with your attorney before taking any steps that might complicate your case

Consult with a DuPage County, IL Family Law Attorney 

If you are considering dating during a pending divorce, it is important to understand how your decisions may legally and emotionally affect your case. A Bloomingdale, IL divorce lawyer at Mevorah & Giglio Law Offices is ready to discuss your situation and offer guidance tailored to your needs. Call 630-932-9100 to schedule a free consultation today.