If you are considering a separation (physical and/or financial) but are not ready to end your marriage, a Divorce from Bed and Board may be worth considering. While less commonly used than a standard divorce, it can provide important legal protections while allowing spouses to remain legally married.
What Is Divorce from Bed and Board in New Jersey?
In New Jersey, a Divorce from Bed and Board functions much like a traditional divorce in terms of financial and parenting issues—but without ending the marriage itself. It is a court recognized designation that allows parties to address financial and custodial aspects of a marriage without terminating it.
With a Divorce from Bed and Board:
- The parties remain legally married
- Neither spouse may remarry
- The court can divide marital property
- The court can order alimony and child support
- The court can establish custody and parenting time
How Is It Different from a Standard Divorce?
A standard divorce in New Jersey (which results in the entry of a “Final Judgment of Divorce”) legally ends the marriage. Divorce from Bed and Board does not. Nonetheless, the process for resolving finances, custody, and support is very similar to a traditional divorce proceeding.
Why Would Someone Choose Divorce from Bed and Board?
- Religious or Personal Reasons
Some couples wish to live separate lives but do not want to formally end the marriage for religious, cultural, or personal reasons.
- Preservation of Health Insurance or Benefits
In some circumstances, remaining legally married may allow one spouse to continue receiving health insurance or other benefits.
- Structured Legal Separation
Unlike simply living apart (and taking legal action), Divorce from Bed and Board provides enforceable court orders regarding property, support, and custody.
- Conversion to Absolute Divorce
Under New Jersey law, either spouse may later request that the Divorce from Bed and Board be converted into a final divorce after a required period (unless both parties agreed in writing not to seek conversion).
What Issues Can the Court Decide?
In a Divorce from Bed and Board case, the court can address:
- Equitable distribution of marital property
- Allocation of marital debts
- Alimony (spousal support)
- Child custody and parenting time
- Child support
- Counsel fees
Because property division is typically finalized during this process, it is important to approach it with the same care and preparation as a traditional divorce.
Is Divorce from Bed and Board Right for You?
If you are considering separation and want to understand your options under New Jersey law, please contact the experienced family law attorneys at Cohn Lifland Pearlman Herrmann & Knopf LLP. We provide strategic guidance tailored to your family’s needs and work to protect your financial and parental rights at every stage.