Summary of New Jersey Separation Law

New Jersey law does not formally provide for a legal separation. New Jersey does provide for something called a “divorce from bed and board,” which is similar to a legal separation. This used to be more popular than it is now. It is essentially the same as a divorce, except that a couple is still technically married and cannot remarry. One reason for a divorce from bed and board would be that a couple objects to a divorce for religious reasons. There may be other reasons, such as the ability to still receive insurance benefits from the other spouse.

There are other options for a couple to separate in New Jersey without obtaining a divorce. One is a separation agreement (sometimes called a “Marital Settlement Agreement” or a “Property Settlement Agreement”). Through these types of contracts, spouses can agree on issues such as property distribution, support, child custody, and the like. It is always best to have an attorney draft such an agreement, particularly if you wish for the agreement to be upheld by a court in the case of a later divorce.

It is also possible to separate informally in New Jersey and then sue your spouse for child support, child custody, and/or alimony without obtaining a divorce.