Living with new spouse prior to divorcing existing

Please see our FAQ's

What Are the Consequences of Having my Girlfriend/Boyfriend Move in with Me?

When you’re getting a divorce, you most certainly do have the right to continue on with your life. There are, however, some legal considerations that you have to take into account. Generally, until your divorce is finalized, it’s inadvisable to have your girlfriend or boyfriend move in with you. There are good reasons why you should wait until everything is finalized, all of the legal issues are taken care of and you are officially divorced from your spouse before you move in with someone else or have someone else move in with you.

Income/Assets

Before your divorce is finalized, you are technically still married. A separation is not the same thing as a divorce. Technically, if you are with someone else while you are still married, it is considered adultery. This could impact how the court views your obligations to your spouse. It can also turn the situation ugly if you and your spouse were having an amicable divorce beforehand. They may, for instance, realize that, because you are cohabitating, you have a lot more money to spare and ask for more support in spousal support arrangements.

Children

Remember that, if there are children involved, the court is going to put their needs first in every instance. If you move in with someone or someone moves in with you and the court does not believe that they are suitable to be around your children, that may affect your custody agreements. Your soon-to-be ex-spouse may very well object to the person moving in with you or that you’re moving in with, as well, and they have every right to. The best bet is always to wait until your divorce is finalized to fully start over with your new life and move in with someone or have someone move in with you.