How Sexual Intimacy Between Divorcing Couples Complicate Matters

Divorce is an emotional and stressful process for many people. For that reason, some people seek comfort in sexual intimacy with the partner they want to divorce. Unfortunately, sexual relations between couples going through a divorce might complicate the divorce. Below are some of the potential complications.

It Might Trigger False Hopes of Reconciliation

A sexual relationship with your partner is not wise if you are not on the same page about the divorce, and couples are rarely on the same page. Your partner might misunderstand your advances and assume that you want reconciliation.

The misplaced hope might trigger bitterness on your partner's part once they learn the truth. Such bitterness might throw your hope for an amicable divorce out of the window. For example, your partner might decide to be difficult during negotiations, refuse to sign papers, or hide assets.

It Might Trigger the Condonation Defense

Adultery is a common ground for divorce in states that allow fault divorce. If you are in such a state and want to use adultery as a ground for divorce, then sexual intimacy with your partner might jeopardize your plans.

Your partner might invoke the condonation defense. Condonation means that you have forgiven your partner about their indiscretion and are willing to stay married. The idea is that you can only have sex with your partner if you have forgiven their adultery.

Children Might Misread the Signs

Children often feel caught up between their divorcing parents. Sometimes, they feel like they caused the breakdown of relationships between their parents. Many children hope their parents reconcile before the divorce is finalized.

The kids may see you spending time together. For example, they might notice when a parent sleeping in the guest bedroom returns to the other bedroom. The kids might hope for reconciliation when they see you spending time together. Such hopes might confuse the kids even more when you finally divorce.  

It Might Reset the Separation Date

Some states require couples to separate for some time before finalizing their divorce. The separation date begins when you physically separate from each other. The physical separation includes cessation of sexual intimacy. Thus, sexual relations might reset the separation date and prolong the divorce.

It Might Result in Pregnancy

Lastly, sexual relations might result in pregnancy, and pregnancy complicates divorce. For one, some states won't grant you a divorce during pregnancy. Even if your state allows divorce during pregnancy, you have other things to worry about, such as your health, child custody, and support.

For more information, contact a divorce lawyer near you.


Share