A divorce is the legal ending of a marriage, authorized by the courts. A separation is when spouses live apart without legally dissolving their marriage. Both a divorce and a separation can involve the division of property, assets, and debts, as well as outlining custody, child support, and alimony.

If you no longer want to be married, our New Jersey divorce lawyers can tell you more about the difference between a divorce and separation in NJ. Russell Law Divorce & Family Lawyers has extensive experience navigating clients through complex issues. We can help you explore all of your options and seek a resolution to your relationship that protects your future and your finances.

Does Legal Separation Exist in New Jersey?

Technically, there is no such thing as a legal separation in NJ, except for civil union couples. If you want to separate without obtaining a divorce decree, you can simply move out of the home you share with your spouse.

You can also decide property division, child custody, parenting time, and financial support through a separation agreement, which is a type of legal contract. However, the only way to legally end a marriage is to seek a traditional divorce, sometimes called an “absolute divorce.”

What Is a Divorce from Bed and Board?

A divorce from bed and board is an alternative to absolute divorce in New Jersey. It looks very similar to what people may think of as a legal separation.

With a divorce from bed and board, the couple remains married, lives separately, and asks the court to rule on issues such as alimony, child support, and property division. If the couple decides to reunite, the agreement can be revoked.

Divorce from bed and board is not common. However, it may be an option for couples who want to live apart but stay married for religious reasons, health insurance coverage, or other purposes.

What Is a Separation Agreement?

The difference between a divorce and a separation in New Jersey is that when you separate, you remain legally married. If you wish to live apart from your spouse but do not want to dissolve your marriage, you can divide your assets using a separation agreement.

A separation agreement is a legally binding private contract. You and your spouse negotiate the terms with help from your attorneys and sign it in front of a notary. If both parties follow the agreement, there is no need to go to court. If one party violates it, the other party can sue for breach of contract.

If the spouses cannot agree on the terms of a separation, they may need to involve the courts by seeking a divorce from bed and board.

  • Divorce vs. Separation
  • There are some financial differences of divorce vs. separation that spouses should consider, including:
  • Insurance – Some health insurance plans allow separated spouses to remain on a policy. However, ex-spouses generally cannot remain on each other’s health insurance.
  • Property division – A separation agreement allows you and your spouse to determine how you will divide real estate, personal property, savings accounts, and other assets. In a divorce, property division is dictated by New Jersey’s equitable distribution laws. If you cannot negotiate a divorce settlement on your own, the courts may decide how to split your assets.
  • Taxes – With a separation, spouses may still be able to file taxes jointly. If you divorce, joint filing is typically no longer an option.
  • Debts – As with property division, a separation agreement allows you to decide who is responsible for certain debts, rather than the courts.

Another key difference between divorce and separation in NJ is the ability to remarry. When you separate, you are still legally married. If you want to marry someone else, you will need to seek an absolute divorce from your current spouse.

Can I Date While Separated in NJ?

There is no legal reason why you cannot date while separated, but doing so could complicate things. For example:

  • Dating someone else can create conflict, which can make it harder to negotiate a separation agreement or a divorce settlement if you ultimately decide to legally end the marriage.
  • Dating can raise financial questions about how shared funds are being spent.
  • Exposing children to a new partner too quickly could make the courts question your parental judgment when deciding custody.

Why Choose Separation Over Divorce?

There are several good reasons why a couple may choose to separate rather than divorce, including:

  • Trial separation – A separation can give couples time and space to consider how to move forward with their relationship, while a divorce is final. Sometimes, couples learn during a separation that they want to reconcile. Other times, separation still leads to a legal end to the marriage, hopefully with less conflict.
  • Marital benefits – Some couples may decide to stay legally married so that one spouse can access health insurance. Remaining married may also have tax incentives.
  • Avoid court – When spouses agree on most issues, a separation agreement can save time and money by keeping the courts out of the process. The agreement may also be incorporated into the divorce judgment, making proceedings more efficient.
  • Personal reasons – For some, staying married is a personal choice or reflects a religious commitment that they do not want to break.

Talk to Our New Jersey Family Law Attorneys Today

If you are considering ending your marriage in New Jersey, the attorneys at Russell Law Divorce & Family Lawyers can help you understand the differences between divorce and separation in New Jersey and determine which option is best for you. Whatever route you take, we can pursue a fair division of your assets and assist with child custody issues.

At Russell Law, our team has over a century of combined legal experience. We take a personal approach to every case and work with you to minimize your stress and legal burden. That dedication has led to high rates of success and satisfaction, which you can see in our client reviews:

“Mr. Russell is one of the most professional, compassionate, trustworthy, fair, and kind human beings that I have had the pleasure and good fortune to have known and had in my corner during a most difficult time. Joe always went out of his way to be thorough and patient in explaining the process every step of the way. I highly recommend Mr. Russell to friends and family.” – Denise V. 

When you communicate with our firm, it is always confidential. Contact us today at (732) 726-6236 or contact us online for a consultation to learn more.