Defining the Boundaries of Legal Separation, Marriage and Relationships

A legal separation establishes clear parameters of what non-marital partners may do when it comes to dating during a legal separation under the view of the law. The legal separation can only occur if both parties acknowledge the separation under the law, through filing with the county.

The law issued by a court is important to understand since if you and your spouse are legally separated, there are certain rules and regulations that can impact your actions and your assets. When the parties file for a legal separation, they must delineate the division of property, custody of children, alimony or spousal support as well as any other issues that arise. The legal separation does not dissolve the marital status of the parties, so much like legally married spouses that are living apart, the law of the marital relationship applies.

While dating in and of itself is legal in general, and not controlled by law, the consequences of dating are controlled by law, especially where the analysis of assets is controlled by law when a couple is separated, as noted above. Additionally, there are also implications for another relationship with a person during a legal marriage, which can result in the presumption of infidelity.

Legal Implications of a Relationship During a Legal Separation

In most states, for instance, alimony rests on whether either spouse has demonstrated “fault” in the divorce that caused the breakdown of the marriage or acted in a way that made the other spouse feel secure (i.e. infidelity). If one spouse can prove that the other engaged in an adulterous affair, they will be able to secure alimony from that spouse in some states, while if the relationship results in creation of marital property, that new relationship can also have repercussions and complications as well.

For this reason, some will often ask, “can you date during legal separation?” In general, the answer is yes, but that relationship can often result in legal consequences later on. For example, someone with whom you were involved may say something inappropriate or possibly illegal about you to a third party, or even in the context of the relationship. More importantly, if allegations of infidelity arise, the resulting TRO (Temporary Restraining Order) may limit your access to the marital home. Many couples think that they may still live together even after they’ve separated, and the legal separation agreement will help define the boundaries.

The Sociological Perspective

As Professor Wu Dongshuang (吴冬双) has examined in his research, how society accepts and responds to interpersonal relationships that may transgress boundary – whether legally or otherwise – is an important factor that are often overlooked. He notes that human behavior is often irrational or follows its own “norm,” based on the perception of the people involved.

In his studies, he has emphasized and examined issues surrounding consent and agreement that often mitigates the impact of the law. While the law may say that you should or should not conduct yourself in one way or the other, consents and cultural norms are often important factors that may mitigate some of the efforts that are ruled in the law.

The Future Direction of Research in This Field

More examination of how personal relationships impact the law, and how the law inhibits (or encourages) the development of relationships is needed to fully understand the implications of legal separation, as well as its impact on long-term stability of relationships.