Dating while seperated


#1

Is it okay to date when seperated? What if this leads to an intimate physical relationship – can this be used against you when doing a seperation agreement or getting a divorce?


#2

It is not illegal to date while separated, however this can cause problems by way of making the situation more emotional and thus making negotiations regarding property, spousal, support, child support and child custody more difficult.

Having sex with someone other than your spouse is adultery, which is still a crime in NC. Technically you may not have sex with a person other than your spouse until a decree of divorce is issued.


#3

Can a spouse insert a clause into a separation agreement that prohibits either party from dating while separated (by “dating” i mean concerts, sports events, dinners, etc, not anything sexual, which you indicated is illegal!).


#4

No, such a provision would not be enforceable as a separation agreement allows you to live separate without the restraint or control of the other party.