Legal Separation in the Garden State

Published by February 1, 2025 Category: Divorce Options

Does New Jersey Recognize Legal Separation?

In the 2010 census, slightly more than 2% of the population reported living separately from their marital spouses. Although couples married under the laws of New Jersey may choose not to live together without filing for divorce, “legal separation” as such does not exist in the Garden State. If you and your spouse are New Jersey residents who want to live separately without dissolving your marriage, it’s wise to consult with a Hackensack family lawyer to make sure your rights are fully protected.

Why Do Couples Pursue Marital Separations?

Here are some reasons why you might choose to separate from your spouse without pursuing divorce:

  • Your religion frowns upon divorce.
  • Your state’s residency requirements make you ineligible to file for divorce.
  • Your spouse depends upon your health care insurance, or you depend upon your spouse’s health care insurance.
  • Your spouse will shortly be eligible for your government benefits, or you will shortly be eligible for your spouse’s government benefits.
  • There’s a good chance that you and your spouse may reconcile.

If you wish to live apart from your spouse, several options exist that may be able to safeguard your interests within your new living arrangement. An experienced family law attorney can explain them to you at greater length and help you select the one that best fulfills your needs.

Settlement Agreements

If you’re on good terms with your spouse, a legal separation agreement may be the optimal choice. The document will enable you to get some distance from your marriage, which can give you ample time to help assess whether you may want to pursue a divorce. Settlement agreements are also referred to as marital settlement agreements, interspousal agreements, and property settlement agreements.

Settlement agreements typically address:

  • Financial information pertaining to joint banking accounts, jointly owned properties and insurance policies
  • Child custody issues
  • Child support considerations
  • Spousal support issues

Though a settlement agreement is legally binding if properly executed, it does not have to be filed with the court unless you and your spouse subsequently divorce, in which case it will become part of your divorce decree. It’s in your best interests to negotiate your settlement with the aid of the best divorce lawyer you can reach out to, though, because once an interspousal agreement is in place, it can be difficult to renegotiate. When you enter into a settlement agreement, you are waiving your right to a trial. Any judge presiding over any subsequent divorce will not necessarily review the marital settlement agreement contents; he or she will merely assume that since you entered into the settlement voluntarily, it represents your wishes.

Limited Divorce

A limited divorce is sometimes referred to as “divorce from bed and board.” This separation decree is a holdover from the times when full divorce carried a considerable social stigma. Legislation has been proposed to end the limited divorce option in New Jersey.

The same grounds apply to divorce from bed and board that apply to a full divorce. In New Jersey, these would be irreconcilable differences, extreme cruelty, adultery, desertion and other causes related to behaviors deemed unacceptable such as substance abuse and imprisonment. Both spouses must agree to the grounds for the separation.

Couples pursuing this status enter into a settlement agreement that stipulates the division of marital custody and the provision of custody rights. The marriage is still technically binding, however. That means one spouse may still be entitled to collect the health insurance or government benefits to which he or she might be entitled in the absence of the limited divorce.

Filing a Complaint with the Court

If you’re not on good terms with your spouse and you wish to separate without ending your marriage, you also have the option of filing a complaint with the court. Under this option, a judge will be the one making decisions about property distribution and child custody.

Since New Jersey does not recognize legal separation as a legal status, it’s very important to protect your own interests if you decide to pursue this option. Kelly Berton Rocco is recognized to be one of the most reputable Hackensack family lawyers dealing with marital separations and related issues. Contact our offices today to find out more about the ways we may be able to assist you. Reach us at 201-343-0078.