Divorce Sex: One Last Spark or Desperate Insanity?

Feet of a Couple on Bed

Feet of a Couple on BedThere are many rules regarding what a couple can and can’t do during a divorce, but most of them are in regards to legal procedure; very few address the relationship aspect of the separation. One of the more complex examples of these issues is whether it’s a good idea for a couple going through a divorce to have sexual relations still.

Divorce Sex

Some states, like Georgia for example, have very specific provisions stating intercourse should be off the table or else one of the parties can get the proceedings dismissed. Most other states are content to leave the language ambiguous so that their court can account for scenarios they haven’t considered, as well as judge on a case-by-case basis. This is why people should consult with divorce attorneys like the Law Office of Gordon N. Shayne for anything – especially for such intimate matters.

Dismissing a case on the grounds of ongoing sexual relations is not common, and is usually just a tactic for one party to delay the process, or make it more difficult. But courts don’t immediately throw out such pleas so that they can consider the possibility that the filing party is only after prenup payment. A divorce is a legal tool that allows couples to escape a loveless or abusive relationship, and isn’t a financial strategy.


Sex with an ex is already a thorny issue to begin with, which can only become more confusing if the couple are still on their way to becoming exes. Relationship experts and psychologists often advise against a couple going through a divorce to continue sleeping with each other. It does nothing for the healing process, and makes it more difficult for each party to separate amicably. This makes sense since it’s generally harder to let go of something when it’s still attached to the loins.

Couples should maintain a safe and healthy physical distance from each other when they’re undergoing a separation. The distance will be good for them to take stock of why the divorce is happening, as well as be able to better move on from each other.