Separation but not a complete divorce in NJ

Some clients inquire about ways to retain their marital benefits, such as health insurance, while also addressing issues like child support, alimony, and equitable distribution. If you're contemplating divorce but are unsure, it might be worthwhile to explore alternatives.

If you're considering separation in New Jersey but aren't prepared for a full divorce, "divorce from bed and board" might be an appropriate legal option. This term describes couples who keep their marital status while living apart. This form of divorce is frequently pursued by couples who wish to separate but have reservations about completely ending their marriage, possibly due to religious convictions or moral objections to divorce. It can also benefit those who want to preserve certain legal advantages of marriage, such as health insurance, inheritance rights, and Social Security benefits.

Divorce from "bed and board" offers a legal structure for separated couples to manage crucial issues like child support, alimony, and property division without requiring a formal divorce decree. Although New Jersey does not have a distinct "legal separation" option, this solution enables couples to take essential measures to safeguard their children's welfare and financial interests during their separation.

When can I use it?

One of the main reasons couples today consider divorce from bed and board more frequently than in the recent past is that this process often permits a dependent spouse to continue health insurance coverage provided by a supporting spouse's employer. 

Also, staying married is beneficial for social security purposes. At least 10 years of marriage will allow one spouse to keep their benefits. For any other benefits, such as beneficial tax implications or any value you assume you receive when you are married, it can be effective for you to file as a "divorce from bed and board."

As a mediator, it can help address several issues the couple is encountering.

I highly suggest seeking legal advice from an attorney in your state. An experienced attorney can clarify how the process will impact your situation.

For healthy and better communication.

Adi.