You can date during a divorce in Canada, but you should proceed with caution. The emotional and financial consequences are such that you should make sure you are not rushing into a new relationship, letting that new relationship cloud your judgment, or using marital funds in ways that could complicate your divorce settlement. Date mindfully and keep your priorities clear.
It is a common question: Can I date while I’m going through a divorce? The short answer is yes, but with a few important caveats.
1. One of the legal grounds for divorce is adultery
- Under Canadian law, adultery is defined as having sexual intercourse with someone of the opposite sex who is not your spouse. So yes, technically, if you’re dating and the relationship becomes sexual, that could be considered adultery.
- But here is the key point: adultery is rarely used as the reason for divorce in Canada. The most common ground is living “separate and apart” for one year. Even if adultery is alleged, it does not typically result in a worse outcome for the person accused. You won’t be punished financially or lose more in the divorce just because you dated during the process.
- So, legally speaking, you can date while your divorce is still ongoing. But emotionally and practically? That’s a different story.
2. Things to Consider Before You Start Dating
- Just because something is legal does not always mean it’s wise. Jumping into a new relationship too soon can cloud your judgment. People sometimes rush to finalize their divorce just to move on with someone new, and later regret decisions they made in haste.
- Ask yourself:
- Are you emotionally ready to date?
- Are you using this relationship as a distraction or to “win” against your ex?
- Are you making long-term decisions about property, parenting, or finances, based on short-term emotions.
- If you are dating, keep it thoughtful and low-key. Don’t let your new relationship steer your legal or financial choices, especially ones that can’t be easily undone.
3. What About Spending Money on a New Partner?
- While there is no strict rule regarding spending marital funds on a new relationship, these issues can still arise in negotiations and, in the extreme, can be raised in court as an allegation that a spouse has dissipated assets.
- For example, if you have spent joint funds on gifts, trips, or expenses related to a new partner, your spouse may ask you to account for it. It’s not guaranteed that you will have to pay that money back, but in many cases, people agree to take responsibility for those expenses.
In short, dating is allowed, but it should be done with care, clarity, and consideration for both your future and your finances.
If you’re going through a divorce and have questions about dating, next steps, call Marla Miller today at 780-482-2888.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.