Dating during divorce is not illegal, but many divorce lawyers advise their clients not to date during divorce—or to only do so in a way that is respectful of your soon-to-be ex-spouse and your children, if any. Dating during divorce may create the perception with the court (judge) that your extra-marital dating caused the breakup of the marriage and may influence the court’s division of property (assets), temporary spousal support (during the divorce), spousal support, spousal maintenance, or alimony following the divorce, and child custody decisions.

Dating during divorce may cause the court to question your judgment—especially if the court believes exposing your children to your new relationship may be mentally and emotionally difficult or harmful to them—making it necessary for the court to order the spouses not to have overnight guests (dates) when they have custody or possession of the children during the divorce process.

In Hawaii, dating during divorce is not prohibited by law, but it can have implications on the divorce proceedings. Attorneys often advise clients to be cautious about dating before the divorce is finalized because it can affect how the court views the breakdown of the marriage. If the court perceives that dating contributed to the end of the marriage, it may influence decisions regarding the division of assets, alimony (also known as spousal support or maintenance), and child custody. The court's primary concern is the best interests of the children, and if it believes that introducing a new partner during the divorce is detrimental to the children's well-being, it may impose restrictions such as prohibiting overnight guests when children are present. Therefore, while dating is not illegal, it is important to consider the potential legal consequences and the impact on the divorce outcome in Hawaii.