Legal separation raises many questions, and one of the most common is whether it’s possible to start dating while the separation process is ongoing. In Columbia, Missouri, the answer is technically yes, but there are real legal risks involved. Before making any personal decisions, it’s important to understand the specific laws in Missouri.

What Legal Separation Means in Missouri

Missouri recognizes legal separation as a formal court process. According to RSMo § 452.305, a court may issue a decree of legal separation if the marriage has irretrievably broken down, or if one spouse does not agree to divorce but the court determines that the marriage is no longer viable. A legal separation decree can address the same issues as divorce, such as property division, child custody, child support, and spousal support.

The main difference is that a legal separation does not end your marriage. You are still legally married until the court issues a dissolution judgment. This legal status is important when it comes to dating and other matters.

Are You Free to Date While Separated?

Missouri does not have a specific criminal statute for adultery that actively prosecutes extra-marital relationships. However, since you are still legally married during your separation, dating another person could be considered adultery under Missouri’s family law. The courts can and do take into account marital misconduct when making decisions in your case, particularly regarding spousal support under RSMo § 452.335. This section allows the court to consider the conduct of both parties when determining whether support is appropriate and how much it should be.

In practical terms, this means that a new relationship before your divorce is finalized could become evidence that could work against you.

How Dating Can Affect Your Case

While dating during a separation may not automatically destroy your case, it can create some complications in several key areas.

Property Division

Missouri divides marital property according to the equitable distribution standard outlined in RSMo § 452.330. While marital misconduct may not be a primary factor in this process, it can still be brought up and considered by the court.

Spousal Maintenance

If you are seeking maintenance, entering into a new relationship could undermine your case. If your ex-spouse is paying maintenance, evidence of your new romantic life could be used to argue that the amount of maintenance should be reduced.

Child Custody & Parenting Plans

Missouri courts prioritize the best interests of children, as outlined in RSMo § 452.375. Introducing a significant other into your children’s lives at an early age, especially if they live in the same household, can raise concerns about stability and may influence a judge’s decision regarding custody.

Settlement Negotiations

A new relationship can lead to increased tension between separating spouses, making it more difficult to reach an out-of-court settlement and increasing legal costs.

Practical Steps to Protect Yourself

If you are going through a legal separation and considering starting a new relationship in Columbia, it is crucial to consult with an attorney before taking any actions. Additionally, there are a few practical steps you should take:

• Avoid introducing your new partner to your children until your divorce is final and custody arrangements are stable.
• Keep your social media accounts private, as posts, photos, and check-ins could be used as evidence in court.
• Be aware that using marital funds for a new relationship could be considered dissipation of marital assets under Missouri law.

Talk to a Columbia Family Law Attorney

Every separation is unique, and the impact of dating can vary depending on the circumstances. What might seem insignificant in one situation can have a significant impact in another. While Missouri Courts’ self-represented litigants’ resources can provide general guidance, they are not a substitute for personalized legal advice.

With over 35 years of experience in family law in Missouri, Columbia Family Law Group is ready to protect your interests throughout every stage of your case. We assist clients in navigating separation, divorce, child custody, and spousal support with clarity and confidence. If you are facing any family law challenges, please contact us today.