Further, your new partner may be subject to legal action as well, especially if your relationship began before separation.
In some states, the spurned spouse can sue for "alienation of affection." An alienation of affection suit is when a spouse who was cheated on sues a third party essentially for stealing the other spouse and breaking up the marriage.
In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.
In addition to the possible financial or custody consequences of dating while separated, you may be subject to archaic criminal statutes that make adultery a misdemeanor.
This depends on your state – most states no longer consider adultery a crime, but some do.
Or, the other spouse may simply suffer anger and hurt as a result of the limited amount of time it apparently took the dating spouse to recover and move on.
Some states have laws stating that a spouse cohabitating with a parter of the opposite sex is presumed to have a decreased need for spousal support.
Dating before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.
The cheating spouse and the third party do not necessarily even have to have a sexual relationship – in some places, a family member who convinces one spouse to leave the other might be liable for alienation of affection (though this is very uncommon).
Another, even less common, suit is one for "criminal conversation." In a criminal conversation suit, the wronged spouse again sues, but for the suit to proceed there must have been a sexual relationship.
A divorce and the prospect of a new partner replacing them is often too much for a spouse to cope with, and may cause disagreements and unwillingness to come to a compromise with regard to custody arrangements.