A man separates from his wife. Separation in this context means they live in separate residences, the wife agrees to pay a modest amount of financial support to the husband because their two teenagers are living with the husband, and they mutually agree to date other people. They have officially separated in January. Now that they’re separated, the husband meets someone else in April and starts dating that person. In essence, the husband did not even know his new girlfriend until three months after his separation from his wife.
Is this considered adultery?
I am not licensed in your state but I will answer your question based upon my experience in my jurisdiction. In my state, once parties separate houses and/or agree the marriage is over, each party is free to date other people without it being considered adultery. In my state, generally the only consideration post-separation relationships are given is if the person in a relationship is receiving alimony and they begin to cohabitate or remarry as this could cause alimony to be stopped.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.