This is the next post in my series on dating during a Melbourne, Florida divorce. My last article provided an overview of topics I will be discussing and stressed the need to contact an attorney for assistance. It is important that you not take actions which will overly complicate your case and by speaking with a lawyer you help to resolve your situation as soon as possible. In this article I will address a commonly raised issue – whether one can move a boyfriend or girlfriend in before their divorce is finalized. Contact my office today if you require assistance.
The Courts will typically not prohibit a spouse from moving in a boyfriend or girlfriend while a divorce is pending. It is understandable that one wishes to move on with their life after a marriage has ended and, generally speaking, the Court will not interject itself into one’s personal choices unless those decisions somehow negatively impact children. Where a Court will become involved, however, is in situations where the moving in of a significant other is having a financial impact on marital assets.
Assets and debts acquired during a marriage are considered to be assets and debts of the marriage. This includes income and these rules continue to apply until a divorce is finalized. If a spouse were to move in with a new significant other then any money spent taking care of that person could be viewed as spending money, which belongs to the marital union, on a new girlfriend or boyfriend. The Court could potentially view this as “marital waste.” If, for example, the Court found that one “wasted” $12,000, over six months, supporting a new significant other then a portion of that money may become due to the other spouse; the fact that one is choosing to support someone else is not seen as the other spouse’s problem. It is, therefore, important to understand that moving in a new significant other will come with financial risks.
The best way to move in a new romantic partner, without creating problems for your pending divorce, is to make sure that the person contributes their fair share. They should be responsible for half of the rent or house payment, utilities, food costs, etc. You and your new partner should equally split costs of entertainment and other such expenses. It is also important to save all receipts so that any such issues can be quickly dealt with in court. Obviously, once your divorce is completed you will have no further concerns over such issues. While your case is pending, however, it is best to avoid potential problems.
Contact my office today to speak with a Melbourne divorce attorney. I have extensive experience in such situations and I am ready to assist you. Our office also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.