I’m not an attorney, but if it’s spelled out (I think it was waiver of marital torts in my sep agreement), it’s far more difficult for either party to quibble about it down the road.

It is allowed to date after separation begins and prior to absolute divorce. There is nothing that needs to state that. The part about associate or reside as though either pary were unmarried is put in so that there can be no interferrence by your stbx if you start dating. That doesn’t necessarily mean there won’t be any, it just gives you a legal document that can protects your private life from your stbx.

Alienation of Affection is a 3rd party that has influenced your decision to separate and ultimately divorce from your spouse. Alienated your affections from your spouse. This can include family members, co-workers/friends or another person with “romantic” involvement. You can put this into your separation agreement but it is unecessary unless the person you “begin” dating was present prior to the separation.

Criminal conversation or adultery is having sex with someone other than your spouse. It is a misdemeanor and though rarely prosecuted is still illegal. There is nothing that can be done that I’m aware of to make this legal. I have heard that you can get permission from the stbx in writing or an agreement that no charges would be brought, but I’m not even sure that would make a difference. In reality, these suits are very expensive and if they are threatened, they are normally settled outside of court. In reading on these types of forums, there is usually very little done about it.

The provision that is generally included in your separation agreement about each party being allowed to reside where they see fit with whomever they see fit is not a waiver of the claims the other party may have for Alienation of Affection of criminal conversation. Alienation of affection occurs before you separate, so a provision allowing you to live where you choose after the date of separation. If you want your spouse to waive any claims they have for Alienation of Affection or criminal conversation then the waiver needs to be specifically described in the Separation Agreement. You should be aware that even if your signs a waiver stating that they will not sue you for Criminal Conversation, adultery is a crime and your spouse cannot give you permission to violate the law.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Ok, so I’ve been reading many posts on this site about dating. Since I am in the process of developing my sep agreement I did see one post where you could put in Ex would not sue for A & A or CC is it was put in the sep agreement. What is the difference in the part where it states you can associate or reside with who you want as if all parties were unmarried. Does it have to be specifically spelled out?