Can You Date During a Divorce in Illinois?

 Posted on December 14, 2025 in Divorce

Divorce can take time, sometimes going on for several months or even years. During that time, dating other people is common. If you feel emotionally ready to move forward even though your case is still pending, there is no law that says you cannot. Illinois follows a no-fault divorce model, which means the court does not consider personal relationships as a reason for ending a marriage. However, while dating is allowed, it can affect certain parts of your case depending on how it impacts finances and family life. Speaking with our Kane County, IL divorce lawyers early in the process can help you understand where risks may arise.

Can Dating During Divorce Affect Property Division in an Illinois Divorce?

Illinois divides marital property based on what is fair under 750 ILCS 5/503. The court looks at many factors, including income, debts, and how both spouses handled marital assets. Dating alone does not change how property is divided. However, issues often arise when marital money is used to support a new relationship.

For example, using joint funds to pay for trips, rent, or large gifts for a new partner may raise questions. Even smaller, repeated expenses can become an issue if they appear unfair. The court may review whether one spouse gained an advantage by spending shared money during the divorce.

Examples of financial actions that may draw attention include:

• Paying for travel, meals, or housing for a new partner with joint funds

• Taking money from shared accounts without agreement

• Taking on new personal debt tied to dating expenses

• Hiding or failing to disclose financial activity during the divorce

Judges focus on fairness and transparency. Keeping finances separate from dating expenses often helps reduce conflict and protects your position during property division.

Does Dating During Divorce Impact Child Custody or Parenting Time in Illinois?

Child custody and parenting time decisions are based on the best interests of the child. Courts review factors listed under 750 ILCS 5/602.7, including safety, emotional health, and stability. Dating does not automatically change custody or parenting time.

Concerns may arise if a new relationship disrupts the child’s routine or creates added stress. For example, frequent overnight guests, sudden changes to the household, or ongoing conflict tied to the new relationship can raise questions. Judges are not judging whether a parent is dating. They are focused on how the child is affected.

Consistency remains one of the most important factors in custody cases. Courts often look for steady school attendance, predictable schedules, and respectful communication between parents. Keeping your child’s daily life calm and stable during divorce can help protect your parenting time.

Can Dating Hurt Your Spousal Support Case in Illinois?

Spousal support, also called maintenance, is based on financial need and the ability to pay. Under 750 ILCS 5/504, courts review income, earning ability, and regular living expenses. Dating by itself does not end or reduce maintenance.

Support questions may come up if a new partner changes a spouse’s financial picture. For example, if a spouse moves in with a partner who pays most household bills, the court may review whether that spouse still has the same level of financial need.

Courts rely on proof such as tax returns, pay stubs, and housing costs. Assumptions or rumors about a relationship are not enough to change a support order. Any review must be supported by documented financial changes.

Schedule a Free Consultation With Our Geneva, IL Divorce Attorneys

At Serrano Hanson & Hurtado, LLC, our Kane County, IL divorce lawyers offer aggressive, personal representation and take on complex cases with dedicated care. We bring more than two decades of experience, serving clients since 2003. Call us today at 630-844-8781 to schedule a free consultation. Se Habla Español.