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How does legal separation work in New Jersey?

On Behalf of | Jan 18, 2025 | Family Law

Unlike many other states, the Garden State does not recognize traditional legal separation for married couples. Instead, the state offers a divorce alternative known as “Divorce from Bed and Board” or “Limited Divorce.”

This unique legal arrangement operates similarly to legal separation but features distinct stipulations and implications. Couples can learn how Divorce from Bed and Board works, its benefits and why it might be a viable option if they’re not ready for a full divorce.

What is Divorce from Bed and Board?

Divorce from Bed and Board is the Garden State’s equivalent of legal separation for married couples. It allows spouses to separate their lives financially and legally without fully dissolving the marriage. This arrangement is particularly beneficial for couples who are uncertain about ending their marriage or who wish to retain certain benefits associated with their marital status.

Unlike a full divorce, Divorce from Bed and Board requires mutual agreement from both spouses. During this period, the couple remains legally married, meaning they cannot remarry unless they convert the limited divorce into a full one. This unique status provides flexibility for couples contemplating reconciliation or having financial or practical reasons to remain legally bound.

Key features of Divorce from Bed and Board

At the time of signing a Divorce from Bed and Board, property and assets are divided between the spouses. What’s more, any assets acquired after the judgment becomes separate property. This distinction protects each party from financial entanglements during the separation period.

Additionally, a spouse can update their will to exclude the other party during the limited divorce. If one spouse passes away during this period, the surviving spouse has no automatic claim to the deceased’s estate unless specified in the will.

One of the primary reasons couples opt for Divorce from Bed and Board is to maintain health insurance benefits. In many cases, spouses can agree to allow one party to remain on the other’s health insurance plan.

While New Jersey doesn’t offer traditional legal separation, Divorce from Bed and Board provides a flexible and practical alternative for couples seeking separation without fully dissolving their marriage. By dividing assets and maintaining specific benefits, this arrangement serves as a middle ground for those unsure about a full divorce. Couples considering this option should enlist qualified legal guidance to explore whether it could work for their unique circumstances.

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