New Jersey’s Divorce from Bed and Board

What is Divorce from Bed and Board?

divorcing coupleIn New Jersey, there is not formal process for a legal separation.  Instead, spouses have the option to proceed with a divorce from bed and board which is similar to a legal separation and not quite a divorce.  In a divorce from bed and board, the parties are economically separated but are still legally married.  Under a divorce from bed and board the spouses do not have the right to remarry.

What Types of Items are Included in a Divorce from Bed and Board?

In a divorce from bed and board the parties can address a number of different marital issues.  Some of these issues can include:

  • Assets
  • Marital property
  • Separate property
  • Child support
  • Child custody
  • Visitation
  • Debts
  • Liabilities
  • Pensions
  • Insurances
  • Spousal support

With this type of separation, the parties obtain a judgment that equally distributes the assets and also ensures that all the marital debts are apportioned.

What Happens to Health Insurance if I Move Forward with a Divorce from Bed and Board?

Arguably one of the most desirable reasons that couple seek a divorce from bed and board is because the dependent spouse can continue to stay on the spouse’s health insurance.  Since this is not an absolute divorce, it may not qualify as a qualifying event to remove the spouse from the health insurance.  However, you should always check your health insurance policy before making any decisions.  Sometimes policies may state that a form of legal separation can constitute a qualified event.

If you are considering a divorce from bed and board, you should contact an attorney.  An experienced divorce attorney can let you know your rights and advise you of all your options under a divorce from bed and board.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation