Dating in Your 40s

After divorce

Should I date someone who's separated?

You can, if you know which kind of separated it is and the situation is moving. 'Separated' can mean a court order, a filed divorce, two addresses with nothing filed, or one house with separate bedrooms. In your 40s, with kids and a mortgage on both sides, ask plain questions early and watch for steps, not promises.

You can date someone who’s separated, but first find out which kind of separated it is, and then watch whether it’s moving. A signed court order, a filed divorce, two homes with nothing filed and one house with separate bedrooms are very different situations, and the person living them may not describe them precisely.

The question isn’t whether separated people are a risk. It’s whether this situation has steps you can see.

What does ‘separated’ actually mean?

Kendra, 46, is a hospital nurse with a 15-year-old and a schedule built around night shifts. Four months ago she met Luis, 48, at a friend’s birthday dinner. He told her on the second date that he was separated. Later she learned what that meant for him: he and his wife still share the house, in different bedrooms, until their younger child finishes the school year. Nothing has been filed. He says they’re “basically roommates.”

That’s one version. Here are the common ones.

  • Legally separated. In states that offer it, a court can divide property and debts and make support and custody orders while the couple stays married. In California, for example, someone legally separated is still married and can’t remarry.1 Other states use different rules and terms.
  • Divorce filed and in progress. Paperwork is in, and there’s a process with a timeline. Even a smooth one takes time. California’s minimum is six months from when the other spouse is served or responds.2
  • Living apart, nothing filed. Two addresses, informal arrangements about kids and money.
  • Same house, separate lives. Common when money is tight or kids are mid-year, and the hardest to see into from outside.
  • Still together, describing it differently. It happens. You can’t know this from the word “separated,” which is why the questions below matter.

Do separations usually end in divorce?

Most do, but not all, and not quickly. In a national study following 7,272 people who had married, sociologists Dmitry Tumin and Zhenchao Qian at Ohio State found that about 80% of people who separated eventually divorced, most within three years.3 About 5% reconciled.3 And 15% of separations led to neither divorce nor reconciliation within 10 years.3 Those long separations were more common among couples with lower income and young children, which suggests money and logistics, not only feelings, keep some marriages in limbo.3

Being in the process isn’t the same as being sure, either. In a survey of 2,484 divorcing parents taking a required parenting class, William Doherty and colleagues found about 1 in 4 believed their marriage could still be saved, and about 3 in 10 were at least open to reconciliation services.4 Interest was much higher among people whose spouse had initiated the divorce.4 So if the person you’re seeing didn’t choose the split, part of them may still be deciding.

Divorce at this stage of life is also less rare than it used to be. Bowling Green State University’s family research center reports that between 1990 and 2023, divorce rates fell for people 44 and younger but rose for those 45 and older.5 You’re far from the only one meeting someone mid-transition.

What should you ask, and when?

Early, and plainly. By the third or fourth date, it’s fair to know:

  • Has anything been filed, and where is it in the process?
  • Where does each of you live, and is a move planned?
  • Does your spouse know you’re dating?
  • What are the kids being told, and by whom?
  • Are you two working on reconciling, or is that decided?

You’re not asking for documents. You’re asking for a picture you can make decisions with. If the answers are vague, notice that the vagueness is the answer for now.

How can you tell if it’s moving or stalled?

Moving tends to look like steps you can name: a lawyer consulted, a filing date, a lease signed, a custody schedule agreed. You’re introduced to friends at a pace that makes sense. The story stays the same when you ask again a month later.

Stalled tends to look like dates that slide (“after the holidays,” then “after tax season”), plans fitted around what won’t be noticed at home, and a spouse who doesn’t seem to know you exist. One of these can have an ordinary explanation. Several together mean you’re waiting on something you can’t see.

If you learn the situation was different from what you were told, keep to the facts. What were you told, and what turned out to be true? You don’t have to rule on their character. You can simply decide what you’ll accept from here.

What to do this week

  • Ask the five questions above, in person or on a call, not by text between pickups.
  • Write down what you’re told. Not as evidence. So that next month you can compare the story with what has actually happened.
  • Decide your own timeline. How long will you wait for a step, and which step? Say it to yourself before you say it to them.
  • Keep your life full. Your friends, your kid’s games, your own plans. If your calendar is bending around their marriage, notice it.
  • Keep your kids out of it for now. Meeting your children can wait until their situation is settled and yours is clear.
  • Take legal questions to a lawyer. Separation and divorce laws differ by state, including what counts as separated and how long divorce takes. For questions about either of your situations, a family-law attorney in your state is the right person. This article isn’t legal advice.

Kendra asked Luis her questions on a Sunday walk, after her son left for practice. He answered most of them. The move-out date he gave was June. She decided she’d wait until June, and not past it, and told him so.

What doesn’t the research show?

  • The separation study used one national survey of people who were young adults in 1979, followed through 2008. Today’s patterns, and yours, may differ.3
  • The reconciliation survey covered divorcing parents in parenting classes, not everyone who separates, and it measured beliefs, not what couples went on to do.4
  • The California rules are one state’s. Other states use different terms, waiting periods and requirements.12
  • Divorce rates describe populations, not the person you’re seeing.5

Try it

Tick what's true about the person you're seeing right now

Tick what's true about the person you're seeing right now

0 to 1 ticked

Separated, and it shows

Most of the stall signs aren't here. That doesn't make it simple, since a divorce still takes months and feelings take longer. Keep asking plain questions as things change.

2 to 3 ticked

Some facts, some fog

Parts of this are clear and parts are on faith. Pick the one item you ticked that bothers you most and ask about it directly this week.

4 to 5 ticked

You're waiting more than they're moving

Your calendar is bending around a situation you can't see into. That's a reason to ask for specifics and decide what you'll wait for, not a verdict on them.

6 to 7 ticked

Living in 'almost'

Almost everything here depends on things you've been told rather than things you've seen. You don't have to decide what they intend. You only have to decide how long you'll live inside someone else's undecided marriage.

This is one moment. BUMIS is for that situationship you can't stop thinking about.See your pattern

Steal this text

Say it in your own words, or start from these

  • If you haven't asked the basics yet

    I like where this is going, so I want to understand where things stand with your marriage. Has anything been filed, and where are you each living? Can we talk Thursday after the kids are down?

  • If 'soon' keeps moving

    I've heard 'after the holidays' twice now, and I'd rather ask than wonder. What's the next real step, and when? Let's get coffee Saturday morning and talk it through.

People who talk about this

Labeled by where their authority comes from. Not a ranking, not an endorsement.

  • Credentialed source

Eli J. Finkel

Research on how modern marriage and long term relationships work, and what partners expect from each other.

Professor of Psychology and of Management and Organizations, Northwestern University; director of the Relationships and Motivation Lab · credential source

Profiles last checked October 1, 2026

  • Credentialed source
  • Trending voice

Julie Menanno

How couples get stuck in conflict cycles and how to feel secure with a partner.

Licensed marriage and family therapist (MA, LMFT, LCPC); author of Secure Love · credential source

Profiles last checked October 1, 2026

  • Credentialed source

Justin J. Lehmiller

Research on sex, desire, casual relationships and friends with benefits.

Social psychologist (PhD, Purdue); Senior Research Fellow, The Kinsey Institute, Indiana University · credential source

Profiles last checked October 1, 2026

  • Credentialed source

Lori Gottlieb

What happens in the therapy room, including breakups, dating choices and the stories people tell about love.

Psychotherapist; author of Maybe You Should Talk to Someone and The Atlantic's Dear Therapist column · credential source

Profiles last checked October 1, 2026

All 11 people we point to →

Further reading

From other publishers we trust. The full list

Sources

  1. Legal separationJudicial Branch of California, Self-Help Guide, n.d.Used for: In California, a legal separation does not end a marriage: when it is final you are still legally married and cannot remarry, while the court divides property and debts and can make orders about support and the care of children.
  2. The divorce processJudicial Branch of California, Self-Help Guide, n.d.Used for: Divorce in California takes at least 6 months to finish; the earliest a couple can be divorced is 6 months from the day the other spouse was served or responded.
  3. Marital Separation an Alternative to Divorce for Poor PeopleThe Ohio State University News (Tumin and Qian)Used for: In a national study of 7,272 people from the National Longitudinal Survey of Youth 1979 who had ever married, about 80% of those who separated eventually divorced, most within three years; about 5% reconciled; 15% of separations led to neither divorce nor reconciliation within 10 years. Long-term separations were more common among couples with low income and education and young children.
  4. Interest in Marital Reconciliation Among Divorcing ParentsFamily Court Review (Doherty, Willoughby and Peterson, via University of Minnesota), 2011Used for: In a survey of 2,484 divorcing parents taking required parenting classes, about 1 in 4 indicated some belief their marriage could still be saved, and about 3 in 10 indicated potential interest in reconciliation services; interest was far greater among people whose spouse had initiated the divorce.
  5. Age Variation in the Refined Divorce Rate, 1990 & 2023National Center for Family & Marriage Research, Bowling Green State University, 2025Used for: Refined divorce rates (divorces per 1,000 married people) declined with age in both 1990 and 2023; between 1990 and 2023 they fell for women and men aged 15 to 44 and rose for women and men aged 45 and older.
Up nextThey text all the time but never want to meet. What does that mean?