Couples who are separated, whether informally or legally, are still married in the eyes of the law, regardless of how independent their lives have become. This means that if either spouse has a sexual relationship with another person during the separation period, they have probably committed adultery.

Is dating during separation considered adultery?

One of the fault-based grounds, also commonly known as reasons, for divorce is adultery. Therefore, the court may consider dating while in the middle of divorce proceedings as “adultery” even if the couple has been separated and living apart.

Can you get done for adultery if you are separated?

If youve been separated for less than 2 years, you can only use unreasonable behaviour or adultery as your reason for getting divorced. You cant usually use the reasons for divorce against your partner when it comes to sorting out things like money or contact with your children.