Can I Date Someone New While Separated in Ontario?
Yes, you can date while separated, and dating after separation is not a factor in spousal support under the Divorce Act. That is because a court setting spousal support must not consider either spouse's misconduct in the marriage. The only ground for divorce is breakdown of the marriage, and one way to show it is living separate and apart for at least one year.
Parenting is decided differently. Past conduct is left out of the best-interests analysis unless it is relevant to the person's ability to parent or have contact with the child. Any family violence and its impact must be considered, whether or not the conduct is a criminal offence. Parties must, as far as they are able, protect children from conflict arising from the proceeding.
For married spouses, property is divided by comparing net family property, which is worked out using property owned on the separation date. Think carefully about when and how to introduce a new partner to your children, keep records of how you spend shared money, and ask a lawyer about your own situation.
Key takeaways
- Dating after separation is not a factor in spousal support under the Divorce Act, because a court must not consider either spouse's misconduct in the marriage.
- Past conduct is left out of the parenting best-interests analysis unless it is relevant to the person's ability to parent or have contact with the child.
- A court must consider any family violence and its impact, whether or not the conduct is a criminal offence.
- Parties must, as far as they are able, protect children from conflict arising from the proceeding.