Not every couple wishing to live apart wants a complete divorce. While New Jersey law does not recognize legal separations, spouses can still create separation agreements that function much like legal separations in other states. These agreements can spell out how couples will divide their property, split parenting time, and handle bills or financial support while living apart.

At Joseph J. Russell Divorce & Family Law Attorney, we understand that every New Jersey family’s needs are different. That is why we tailor our approach to your goals, whether you are preparing for divorce or hoping to reconcile. As we are a part of Wilentz, Goldman & Spitzer, P.A., our team offers the experience of a century-old legal institution with the personal touch of a close friend or trusted advisor. We can help you create a separation agreement that gives you clarity, control, and legal protection without the finality of divorce. Call now at (732) 726-6236 or complete our contact form for a confidential consultation with a New Jersey legal separation attorney.

What Is Legal Separation in New Jersey?

Legal separation for married couples is not a formal concept in New Jersey law, meaning there is no official court process or legal status by that name. The law only addresses legal separation for couples in a civil union. However, separating spouses have other options if they do not want the finality of a divorce.

New Jersey couples who want to live apart while remaining legally married can create a separation agreement. These are private, written contracts outlining how a couple will handle essential issues like property division, child custody, parenting time, and financial support. If they are properly drafted, signed by both parties, and notarized, they become legally binding contracts.

In some cases, spouses may also file for what is called “divorce from bed and board.” This is a type of limited divorce that allows spouses to separate financially without ending their marriage. The right option for you depends on your goals and whether you think reconciliation with your spouse is possible.

Separation Agreements in New Jersey

Because New Jersey does not formally recognize legal separation, it is up to individual couples and their legal teams to create separation agreements. Here are some guidelines for what these agreements can cover and how to make them legally enforceable documents:

  • Financial responsibilities – Couples can outline how they will divide and pay household bills, debts, and day-to-day expenses while they live apart.
  • Spousal support – Separation agreements can include temporary spousal support arrangements, including how much a spouse will pay and how often.
  • Child custody and parenting time – These agreements may include short-term plans for custody and visitation schedules. 
  • Child support – Parents can agree on temporary child support terms, though these must still comply with state guidelines.
  • Division of marital property and debts – The separation agreement can detail how couples will divide their bank accounts, vehicles, and other assets or debts as they separate.
  • No legal divorce – A written separation agreement does not end the marriage or allow either spouse to remarry.
  • Fair, voluntary, and notarized – The agreement must be fair to be legally enforceable, and both spouses must sign it voluntarily. Having the agreement notarized is also crucial for making it enforceable. Both spouses should make full financial disclosures to avoid future disputes.

Legal Separation vs. Divorce in NJ

There is no one-size-fits-all answer for whether a legal separation or divorce is right for you. There are both advantages and disadvantages to obtaining a separation.

Some of the advantages of legal separation include:

  • Allows spouses to live apart without formally ending the marriage
  • Can be useful for couples who hope to reconcile or are unsure about divorce
  • Can help preserve health insurance or tax benefits tied to marital status
  • Provides legal structure for finances, parenting time, and support while spouses live apart
  • Saves time and money if couples can agree and avoid court
  • Makes it easier to either reverse the separation or transition to divorce 

Unfortunately, getting legally separated can also come with disadvantages, such as:

  • Does not legally end the marriage or allow either spouse to remarry
  • Can lead to confusion or conflict if terms are not clear or one spouse moves on
  • May still require court involvement later for enforcement or changes
  • Can potentially be as time-consuming, emotional, and costly as a divorce, which is not useful if reconciliation with your spouse seems unlikely

On the other hand, divorce has its own benefits and drawbacks. For example, you can remarry if you want after a divorce. Securing a court order also eliminates all connection between the parties, unless there are children. However, getting a divorce can mean losing spousal benefits and any possible reconciliation. 

A New Jersey divorce attorney can discuss both options with you and help determine which is best for your unique situation.

When to Consider Legal Separation

Some situations where a legal separation might be preferable to a divorce include:

  • You want to live apart but are not ready to end the marriage.
  • You hope to reconcile after time apart.
  • You need to stay married for health insurance or tax reasons.
  • You and your spouse agree on key issues but want to avoid a court battle.
  • You have religious or personal beliefs that discourage divorce.

How a New Jersey Family Lawyer Can Help

If you are considering separating from your spouse but are not ready for divorce, a family lawyer can explain how to get a legal separation and help you take the proper legal steps to protect yourself. At Joseph J. Russell Divorce & Family Law Attorney, we work with clients throughout New Jersey to draft clear, enforceable separation agreements that address their finances, parenting time, and more. We will guide you through your options, explain what makes an agreement legally valid, and tailor the terms to your situation. 

Contact a Legal Separation Lawyer

If you are considering a legal separation in New Jersey, you want the support of an experienced, compassionate law firm. The team at Joseph J. Russell Divorce & Family Law Attorney has over a century of combined experience guiding couples from all walks of life through the process of a legal separation or divorce. But you do not have to take our word for it. Here is what one client said about their experience with us:

“Mr. Russell and his team are excellent to work with. For me they had made my case so much easier to handle and deal with. I was given the best and most practical advice to deal with the mess I was in.” – Raman S.

Whether you are interested in a legal separation or divorce, Attorney Joseph J. Russell can provide the dedicated, comprehensive legal support you need. Call now at (732) 726-6236 or complete our contact form for a confidential consultation.