When you're ready to file for divorce, you might be considering moving on with another person. Even if both you and your spouse agree to a divorce, it may be a better idea to wait to become sexually involved with another person until your divorce is finalized. Why? You could be accused of adultery. If you were planning on filing adultery claims against your spouse, becoming intimate with another person can even cancel out that claim.
One thing to look out for in divorce is what a no-fault and fault divorce can do for you. A divorce based on grounds like adultery could affect alimony or other payments. Marital faults can factor into how a judge divides property as well, but typically this only occurs when the adultery had economic consequences. For example, if your husband or wife commits adultery that results in trauma that affects your ability to work or live normally, then it could be said to impact your economic standing. This is why some people choose to pursue an at-fault divorce when they have the opportunity or will fight to have the grounds recognized despite the fact that a no-fault divorce is possible.
When does adultery take place, though, and is it fair to claim adultery after you've separated? According to the law in some states, adultery is when a person has a voluntary sexual relationship with a person other than his or her husband or wife. As long as the couple is legally married, it doesn't matter if they're separated or living apart. This could work for or against you, and it's something your attorney should know about before you go to court.
Source: Justia, "Separated Spouses Beware: Post-Separation Adultery Bars Fault-Based Divorce," Sep. 13, 2016