Can I still have sex with my spouse?

Another issue that comes up during divorce is whether it is all right to have sex with the person you are divorcing. To many this will seem like a highly unlikely possibility. However, couples in the process of divorcing sometimes seek comfort from each other and revert to old patterns.

There are several problems that can arise when a couple resumes sexual relations during the divorce process. First, if you are involved in a fault-based divorce, you could jeopardize your fault claim if you consent to being with your spouse after the claim is made. Second, you obviously increase the emotional complexity of your situation when you renew your sexual relationship. One or the other may still see the possibility for reconciliation. It is unlikely that both of you will have the same feelings about the meaning of the sex. Resulting misunderstandings can lead to a flare up that makes your divorce harder. Finally, if children are involved and they find a parent returning to the house for a night, you will fuel their very real hopes and fantasies that their parents will reunite. This is unfair and emotionally damaging.

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