Separation but not a complete divorce in NJ

Some clients ask me how I can keep my benefits as a married couple, such as health insurance, but still address child support, alimony, and equitable distribution. Exploring other options might be beneficial if you're considering divorce but are unsure if it's the right decision.

If you're thinking about separation in New Jersey but aren't ready for a complete divorce, "divorce from bed and board" could be a proper legal remedy. This term refers to couples maintaining their marital status while living separately. This type of divorce is often sought by couples who want to separate but are hesitant about entirely dissolving their marriage—perhaps due to religious beliefs or moral objections to divorce. It can also help those who wish to retain specific legal benefits associated with marriage, such as health insurance, inheritance rights, or Social Security benefits.

Divorce from "bed and board" provides a legal framework for separated couples to address important matters such as child support, alimony, and property division without needing a formal divorce decree. While New Jersey does not offer a specific "legal separation" option, this remedy allows couples to take necessary steps to protect their children's well-being 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 because 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 of the spouses 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 solve a few issues the couple stands for.

I strongly support and suggest consulting an attorney in your state for legal advice. A knowledgeable attorney can explain how the process will affect your situation.

For healthy and better communication.

Adi.