I have a separation agreement in place. My spouse bought a house less than a month after the papers were signed. I did not sign a fair trade agreement to my knowledge. Could it have been incorporated into the separation papers or would it be a separate document? If I did not sign one do I have any rights to the property? Also is it permissable to date after a separation agreement is signed or could I be at risk for “alienation of affection” accusations by my spouse?
I cannot answer as to the acquisition of property, but I can as far as the alienation of affections. Alienation of Affections (AA) lawsuits are 3rd party suits, so your own spouse cannot bring one against you. They can only be brought against whoever your dating. Having said that, if you met the person you are dating after the separation or had little to do with them prior to separation, then you need not fear an AA lawsuit anyhow. The one thing you would have to fear is if you have sex prior to the finalization of your divorce. If you do, a Criminal Conversation lawsuit could be brought against the person you are dating.
Erin what if the person lived in the basement for 4 years- had no sexual relationship with spouse because spouse was not interested and preferred it that way- what if the spouse was cold and withdrawn? don’t you have to prove that the marriage was a happy one before this 3rd party came into the situation?