Dating during a separation in North Carolina can hurt your finances and legal rights, especially when it comes to alimony. Even if you wait to date until after you move out, state law still looks at new relationships very closely.
Cheating before separation
Under North Carolina law, marital misconduct can affect alimony. In some cases, adultery may bar an alimony award or support a request for alimony, depending on which spouse committed the misconduct and the facts of the case:
- If the lower-earning spouse committed adultery, that may affect whether alimony is available
- If the higher-earning spouse cheated, the court may order them to pay alimony
Dating after separation is legal, but judges can use a new relationship as indirect proof that an affair started before you separated. Post-separation dating may become evidence in an alimony dispute, depending on the facts.
Cohabitation may affect alimony
If a spouse receiving alimony begins cohabiting with a new partner, that may be grounds to terminate alimony under North Carolina law. Whether support ends depends on the facts and any court order in place.
Spending shared money on dates
Using joint bank accounts or credit cards to pay for dates, gifts or trips for a new partner counts as misusing shared money. When splitting property, the court can force you to pay that money back or lower your alimony.
Claims involving a new partner
North Carolina recognizes certain claims involving a third party, including alienation of affections and criminal conversation. In some situations, dating before a divorce is final may create legal risk for a new partner.
Taking the right steps
Because dating can affect divorce and alimony issues in North Carolina, it is wise to understand the possible legal consequences before starting a new relationship. Speak with a local family law attorney before starting a new relationship to keep your money and legal claims protect your finances and legal interests.
