In New Jersey, couples facing unique challenges in their marriage but hesitant to pursue a full divorce may consider a “limited divorce”, officially known as a Divorce from Bed and Board. While not as common as a traditional divorce, this option can be a practical solution for couples navigating specific circumstances.
What Is a Divorce from Bed and Board?
Unlike some states, New Jersey does not offer legal separation. However, a Divorce from Bed and Board provides many of the same legal protections and boundaries, without fully dissolving the marriage.
A limited divorce may be ideal for couples who:
- Are uncertain about divorce but need boundaries.
Divorce from bed and board allows couples to live separately and settle key matters like child custody, support, and asset division, while remaining legally married. This makes reconciliation simpler if both parties later decide to restore their marital rights.
- Face religious constraints against divorce.
For those in faith communities where divorce is discouraged or prohibited, a limited divorce can allow separation while preserving their religious obligations.
- Need to maintain health insurance coverage.
After a legal divorce, many health insurance providers stop covering an ex-spouse. A limited divorce can enable the dependent spouse to remain on the other’s employer-sponsored health plan, provided the plan allows it. This is especially beneficial for couples where one spouse is ailing or awaiting eligibility for Medicare.
- Need to qualify for benefits for a disabled child.
In some cases, securing public assistance for a child with disabilities may require income-based qualification. A Divorce from Bed and Board may allow the custodial parent to apply for benefits based solely on their income.
Divorce from Bed and Board vs. Regular Divorce in New Jersey
While a Divorce from Bed and Board shares some similarities with a traditional divorce, it also has key differences that make it a unique legal tool for estranged couples.
Similarities
- Settles legal matters: The court can address alimony, child custody, child support, and division of assets and debts.
- Ends marital property rights: Newly acquired assets are no longer considered marital property.
- Residency requirements: Both types of divorce require at least one party to have lived in New Jersey for at least one year.
- No inheritance rights: Spouses lose elective share rights to the other’s estate unless stated in a will.
Differences
- Mutual consent required: Unlike a traditional divorce, a Divorce from Bed and Board requires agreement from both parties.
- Marriage isn’t fully dissolved: Spouses remain legally married and cannot remarry without converting the limited divorce into an absolute divorce.
- Non-modifiable marital terms: Settlement agreements in a Divorce from Bed and Board cannot be modified due to changing circumstances.
- Easier reconciliation: Couples can revoke the limited divorce order and restore their marital rights without needing to remarry.
Who Should Consider a Divorce from Bed and Board?
This type of divorce isn’t suitable for everyone, but it can be an effective option for:
- Couples with religious objections to divorce.
- Those seeking health insurance continuity.
- Couples needing financial separation but unsure about permanent divorce.
- Parents pursuing financial benefits for a child with disabilities.
Important Considerations
While a Divorce from Bed and Board offers unique advantages, there are potential pitfalls to be aware of. For instance, some health insurance plans may not honor continued coverage for a spouse under this arrangement. It’s essential to carefully review the details of your health plan or benefits eligibility with your attorney.
Additionally, since both parties must agree to a limited divorce, it may not be a viable option if one party objects.
Contact an Experienced New Jersey Divorce Lawyer
If you’re considering a Divorce from Bed and Board or need guidance on your options, our experienced family law attorneys can help you make an informed decision. We’ll explain the benefits and potential challenges to ensure the best outcome for your unique situation.
Call us today at (732) 377-3367 to schedule a consultation and learn more about this alternative to traditional divorce in New Jersey.
