Dating During Divorce in Texas: What You Need to Know Before You Swipe
You are going through a divorce in Texas, and you are wondering if it is safe to start dating. The short answer: it is legally risky. Texas recognizes fault-based grounds for divorce, including adultery. Even if your marriage is effectively over, dating before the divorce is final can be used against you in court — potentially affecting spousal maintenance, property division, and custody. Here is exactly how.
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Adultery as fault grounds
In Texas, adultery is recognized as grounds for divorce. If you begin a romantic or sexual relationship before your divorce is final, your spouse can use it as evidence of adultery. This can affect spousal maintenance awards, property division, and the judge's perception of your character.
Impact on spousal maintenance
In some fault states, adultery can reduce or eliminate a cheating spouse's eligibility for spousal maintenance. Even in states where it does not directly bar spousal maintenance, judges may factor it into their discretionary decisions about amount and duration.
Impact on custody
Judges evaluate parents' judgment and the stability of the home environment. Introducing a new partner during an active divorce can raise concerns about your priorities, your judgment, and the emotional impact on your children.
Impact on property division
In community property states, money spent on a new relationship before the divorce is final can be classified as dissipation of community assets, entitling your spouse to reimbursement.
Dissipation of Marital Assets
Even in no-fault states, spending marital money on a new relationship during divorce proceedings is one of the most common — and costly — mistakes.
- ✓Gifts, dinners, trips, hotels, and entertainment for a new partner paid with marital funds constitute dissipation
- ✓Your spouse's attorney will subpoena credit card statements, bank records, and payment app histories
- ✓Courts can order the dating spouse to reimburse the marital estate or award the other spouse a larger share
- ✓Even using your 'own' money may be a problem — until the divorce is final, most assets are still marital
- ✓Moving a new partner into the marital home or a home paid for with marital funds is especially damaging
Social Media Dangers
Everything is evidence
Social media posts, check-ins, tagged photos, and even private messages can be subpoenaed and used in court. A single Instagram photo at a restaurant with a new partner can undermine your entire case.
Your partner's posts matter too
Even if you are careful, your new partner may post about you. Their social media is also discoverable. You cannot control what they share.
Dating app profiles
Active profiles on dating apps during divorce proceedings have been used as evidence of adultery, poor judgment, and misrepresentation of character. Screenshots last forever.
The safe approach
Lock down all social media accounts. Do not post anything related to dating, going out, or your lifestyle. Better yet, take a social media break until the divorce is final.
Introducing Children to a New Partner
- ✓Introducing children to a new partner during divorce is almost universally seen as poor judgment by courts
- ✓Children are already dealing with the upheaval of their parents' divorce — adding a new adult creates confusion and insecurity
- ✓Opposing counsel will use it to argue you are not prioritizing the children's emotional needs
- ✓Most child psychologists recommend waiting at least 6-12 months after the divorce is final before introductions
- ✓Never allow a new partner to sleep over when children are in the home during divorce proceedings
- ✓If you are in a custody dispute, this single issue can shift the outcome against you
Cohabitation Clauses and Future Impact
Even after the divorce is final, new relationships can affect your legal obligations.
- ✓Many spousal maintenance agreements and court orders include cohabitation clauses that reduce or terminate support if the recipient moves in with a new partner
- ✓Cohabitation does not require a romantic relationship in some states — even a roommate situation can trigger the clause if challenged
- ✓Remarriage by the recipient spouse almost always terminates spousal support
- ✓Remarriage by the paying spouse typically does NOT reduce their support obligation
- ✓In Texas, review your settlement agreement carefully for any clauses related to new relationships, cohabitation, or remarriage
Every situation is different
The rules around dating during divorce vary by state and situation. Tell our AI advisor about your case, and we will help you understand the risks in Texas.
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Legal Disclaimer: This article covers Texas divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas family law attorney for advice specific to your situation.