Getting your divorce finalized? This takes time, particularly with the family courts under pressure as never before.
One ought to expect that in an environment of separation, new relationships will be born. Some divorces go on for so long that it is inevitable for newly divorced people to start living with their new partner before all the issues of the divorce are sorted out.
Perhaps the most pressing question of all is whether having a new partner move in during a divorce will affect the financial settlement. Will they ultimately receive less if they move in with someone else?
The sections below talk about this topic in detail, offering insights and potential consequences. Read on!
Doubt about the Financial Statement
The first thing to say is that the courts have wide discretion in deciding what financial settlement is appropriate. So, there are no hard and fast rules.
However, there are guidelines for judges, and they will have a significant impact on the way you carry out negotiations with your ex-spouse on monetary matters. The factors considered during divorce proceedings include:
- The income, earning capacity, property, and other resources that each spouse has or is likely to have in the foreseeable future.
- The financial needs, obligations, and responsibilities that each spouse has or may have in the foreseeable future.
- The standard of living during the marriage.
A new partner in one’s life would certainly have a bearing on how a judge balances these factors when making a monetary award. Your new partner’s assets and the kind of financial support they offer you will certainly be relevant considerations.
Of course, the more modest the marital assets subject to partition in your divorce, the more critical the financial support from your new partner will be. But if there are enough matrimonial assets to meet your needs and those of your ex-spouse (and any children), the assets of your new partner will be less relevant in any financial arithmetic performed by the court.
Custody of Children
Here are a few concerns that may come up during divorce proceedings:
- Any issue of disagreement concerning child custody should first consider the welfare of the child.
- Delays in coming to a consensus on child arrangements are undesirable.
- Children benefit the most from the association with both parents after a divorce.
The specifics of each case will determine how any new living arrangements may affect childcare arrangements.
Will Cohabitation Affect the Grounds of Divorce?
If you start living with someone else prior to divorce, your separated spouse could still file for divorce based on your adultery. In some states, this may have an impact on your monetary settlement. This could also affect future relationships or tarnish your image if it is recorded in your divorce judgment that adultery was a cause.
Living together with a partner could potentially cause tension and make financial negotiations more drawn out and expensive.
Final Thoughts
According to the court, your former spouse cannot suddenly stop providing you with any agreed-upon maintenance because you moved in with a new partner. Your former spouse can, though, use the fact that you moved to argue that it should reduce or completely end your maintenance payments.
As such, it is important to be aware of how living together can affect any benefits that you may have accrued from your former marriage. You should also be aware that any spousal support payments will automatically stop if you remarry.
Be sure to hire a competent lawyer to support you through your divorce process and clear any doubts before you decide to move in with your partner.
