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Separation Agreement Dating

by Jill & Cathy on December 27, 2021

A separation agreement is a legal document that outlines the terms of a divorce or separation. Many couples choose to enter into a separation agreement to avoid the time, expense, and emotional trauma of a court battle. However, one question that often arises when drafting a separation agreement is what to do about dating.

It is not uncommon for one or both parties to start dating during the separation period. While there is no law prohibiting this, it can still complicate matters and potentially affect the terms of the separation agreement.

First and foremost, it is important to remember that a separation agreement is a legal contract. As such, any terms related to dating should be clearly spelled out in the agreement. This can include provisions such as not introducing a new partner to the children until a certain period of time has passed or agreeing to notify the other party of any new relationships.

Failing to include such provisions can lead to confusion and potentially even legal disputes down the line. For example, if one party starts dating someone new and brings them around the children without the other party`s knowledge or consent, it could lead to a violation of the agreement.

Another factor to consider is how dating may impact the financial aspects of the separation. Depending on the state, dating during a separation period can potentially affect spousal support or alimony payments. For example, if one party is receiving support and begins dating someone who is financially stable, the court may view this as a change in circumstances and modify the support payments.

In addition, if one party begins dating someone who has a significant income, it could impact the division of assets in the separation agreement. For example, if one party was expecting to receive a larger share of assets due to a lower income, but the other party begins dating someone who earns significantly more, it could impact the final settlement.

Overall, it is important to address dating in a separation agreement to avoid any potential conflicts down the line. By including clear provisions related to dating, both parties can avoid confusion and ensure that their separation agreement is legally binding and enforceable.

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