Separation and the Law: Difference between revisions
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==Sex and new relationships after separation== | ==Sex and new relationships after separation== | ||
A lot of readers have questions about the consequences of sex after separation. The discussion that follows is about sex with spouses, sex with people other than spouses, new relationships and how a married spouse can be in a unmarried spousal relationship with someone else while still being married. | A lot of readers have questions about the consequences of sex after separation. The discussion that follows is about sex with spouses, sex with people other than spouses, new relationships, and how a married spouse can be in a unmarried spousal relationship with someone else while still being married. | ||
===Sex with spouses=== | ===Sex with spouses=== | ||
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There are, generally speaking, no legal consequences to having sex with your spouse after you've separated. While it might cause some emotional difficulties — such as prolonging the amount of time it takes to recover from a relationship that's broken down — there is nothing legally wrong with having sex with your spouse. Most people would say that there's nothing morally wrong with it either. | There are, generally speaking, no legal consequences to having sex with your spouse after you've separated. While it might cause some emotional difficulties — such as prolonging the amount of time it takes to recover from a relationship that's broken down — there is nothing legally wrong with having sex with your spouse. Most people would say that there's nothing morally wrong with it either. | ||
Having sex with your spouse after separation will not have an impact on how the care of the children is managed, the amount of child support to be paid, whether spousal support should be paid or how your property and debt should be divided. The court does not look into this sort of conduct in determining these issues. | Having sex with your spouse after separation will not have an impact on how the care of the children is managed, the amount of child support to be paid, whether spousal support should be paid, or how your property and debt should be divided. The court does not look into this sort of conduct in determining these issues. | ||
However, | However, two things that married spouses probably need to think about are these: | ||
*'''Reconciliation:''' While simply having sex with your spouse won't count toward the 90 day period of reconciliation described above, it may if you begin to live with each other while you're doing it. | *'''Reconciliation:''' While simply having sex with your spouse won't count toward the 90-day period of reconciliation described above, it may if you begin to live with each other while you're doing it. | ||
*'''Divorces Based on Adultery:''' If you are making a claim for a divorce based on your spouse's adultery, | *'''Divorces Based on Adultery:''' If you are making a claim for a divorce based on your spouse's adultery, and you have sex with your spouse after you start the claim, you could be considered to have forgiven your spouse for the adulterous conduct. If you have forgiven your spouse, you will not be able to obtain a divorce based on his or her adultery. The same principle would probably also apply to divorce claims based on cruelty. | ||
===Sex with other people=== | ===Sex with other people=== | ||
Just like having sex with your spouse after you've separated, there's nothing wrong with having sex with someone else after you've separated. Separation is partly defined as leaving a spouse with the intention of ending the relationship. Once you've separated, the court will consider the romantic, marriage-like aspect of the relationship to have concluded and your obligation to remain monogamous along with it. Married spouses won't be divorced until they get a court order, of course, but after separation the marital aspects of their relationships, and the attendant expectations of monogamy, will be considered to be at an end. | Just like having sex with your spouse after you've separated, there's nothing wrong with having sex with someone else after you've separated. Separation is partly defined as leaving a spouse with the intention of ending the relationship. Once you've separated, the court will consider the romantic, marriage-like aspect of the relationship to have concluded, and your obligation to remain monogamous along with it. Married spouses won't be divorced until they get a court order, of course, but after separation the marital aspects of their relationships, and the attendant expectations of monogamy, will be considered to be at an end. | ||
Having sex with someone else will not have an impact on how the care of the children should be managed, the amount of child support to be paid, whether spousal support should be paid or how the family property and debt should be divided. The court does not consider this sort of conduct in determining these issues. | Having sex with someone else will not have an impact on how the care of the children should be managed, the amount of child support to be paid, whether spousal support should be paid, or how the family property and debt should be divided. The court does not consider this sort of conduct in determining these issues. | ||
====Is it adultery?==== | ====Is it adultery?==== | ||
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Adultery is only an issue for married spouses. Technically speaking, it is, in fact, adultery to have sex with anyone other than your spouse while you are married. You will remain married until you have obtained an order for your divorce. | Adultery is only an issue for married spouses. Technically speaking, it is, in fact, adultery to have sex with anyone other than your spouse while you are married. You will remain married until you have obtained an order for your divorce. | ||
While having sex with someone else might constitute adultery, the court will not care whether you've committed adultery or not. As far as the courts are concerned, if your relationship is over, go ahead and do what you | While having sex with someone else might constitute adultery, the court will not care whether you've committed adultery or not. As far as the courts are concerned, if your relationship is over, go ahead and do what you like. No one apart from your ex and your in-laws is likely to criticize you for it. | ||
====Can it be a ground of divorce?==== | ====Can it be a ground of divorce?==== | ||
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If you are separated from your married spouse, you are still married and will continued to be married to that person until you get a divorce. If you enter into a new romantic relationship while you are separated, and live with the new person in a "marriage-like relationship" for more than two years or have a child with that person, you will be considered to be in an unmarried spousal relationship; it doesn't matter whether you're divorced or not. | If you are separated from your married spouse, you are still married and will continued to be married to that person until you get a divorce. If you enter into a new romantic relationship while you are separated, and live with the new person in a "marriage-like relationship" for more than two years or have a child with that person, you will be considered to be in an unmarried spousal relationship; it doesn't matter whether you're divorced or not. | ||
If you find that you're married and also in a new relationship | If you find that you're married and also in a new relationship that qualifies as a spousal relationship: | ||
*you may have an obligation to pay child support for your partner's children as a stepparent, | *you may have an obligation to pay child support for your partner's children as a stepparent, | ||
*you will have an obligation to support any children you and your partner have | *you will have an obligation to support any children you and your partner have together, | ||
*you may have an obligation to pay spousal support to your partner, and | *you may have an obligation to pay spousal support to your partner, and | ||
*there may be family property and family debt that you might be required to share with your partner. | *there may be family property and family debt that you might be required to share with your partner. | ||
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* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
END HIDDEN---> | END HIDDEN---> | ||
==Page resources and links== | ==Page resources and links== | ||
