Ultimately, it's best to avoid dating while getting a divorce. When it comes to legal matters, it's always better to be safe than sorry. You'll have plenty of time to get back out there once the marriage finally ends.
New York courts must divide the marital property “equitably.” That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean “equally.” There is no statutory requirement of a 50/50 split of marital property.
A: There is no set amount of time spouses must be married to receive alimony, and there is no amount of time spouses must be married to guarantee alimony. However, the longer a marriage is, the more likely it is that the court will award spousal support.
Is New York a Community Property State? New York is not community property or a “50/50” state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the state's equitable distribution laws.
In reality, most judges won't penalize someone for dating during a divorce. But you'll need to consider whether the benefits of dating outweigh the potential legal and personal risks.
Moving out during a divorce can be seen as a significant mistake for several reasons: Legal Implications: Leaving the marital home can affect custody arrangements and property division. Courts may view the move as a relinquishment of rights to the home or as a factor in custody decisions.
The court will not keep you in a marriage when you do not want to stay, regardless of what your spouse wants. In New York, when a divorce petition is filed and served, and the respondent fails to respond by the deadline, the judge can grant a default or “no signature required” divorce.
There's no law preventing anyone from living with someone who's not their spouse during a divorce.
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
So, while there is nothing prohibiting you from having a new relationship, or dating while you're going through a divorce, it can come into play in the realm of past custody and visitation and spousal support.