Does a Post-Separation Relationship Affect Division of the Marital Estate

[dkaps01]

What is the name of your state (only U.S. law)? TX

I filed for Divorce in March 2013 and as per the papers we were separated since Sep 2012, but moved out of the house in April 2013, after filing of Divorce. I started seeing someone from June 2013, after I had moved out of the house! We have stayed together for a few days as well. The Divorce has still not been finalized though, because of delaying tactics of my ex. I want to go for trial and seek an equitable distribution of assets, including a house that is fully paid off - through my income! Have heard from some places that it can be construed as "Adultery" since the divorce has not been finalized. What is the practical treatment in courts on this issue of dating?

I want to know what impact would my dating have on the Distribution of the Assets? Am I looking at 50-50, 55-45, or 60-40... or even worse? And, why?

Also, what can I do to help my case?

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

I filed for Divorce in March 2013 and as per the papers we were separated since Sep 2012, but moved out of the house in April 2013, after filing of Divorce. I started seeing someone from June 2013, after I had moved out of the house! We have stayed together for a few days as well. The Divorce has still not been finalized though, because of delaying tactics of my ex. I want to go for trial and seek an equitable distribution of assets, including a house that is fully paid off - through my income! Have heard from some places that it can be construed as "Adultery" since the divorce has not been finalized. What is the practical treatment in courts on this issue of dating?

I want to know what impact would my dating have on the Distribution of the Assets? Am I looking at 50-50, 55-45, or 60-40... or even worse? And, why?

Also, what can I do to help my case?

Generally, starting to date someone while officially separated is not going to be relevant to a judge. Therefore you are looking at 50/50 on the community property.

 

[Ohiogal]

Generally, starting to date someone while officially separated is not going to be relevant to a judge. Therefore you are looking at 50/50 on the community property.

Unless any marital assets are spent on the new love and then that can be considered dissipation for which OP can be slammed or docked. Such as gifts to the new love, paying for dinners with the new love, paying expenses for the new love. All of those things could be counted. It is nitpicky but it CAN happen. How much has OP spent with the new love? And dating someone before a divorce is granted IS adultery if they are having sex.