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New Jersey Legal Separation Agreement

New Jersey does not use the term legal separation; it offers a divorce from bed and board (limited divorce) by mutual consent, convertible to an absolute divorce. Attorney review available.

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Introduction

New Jersey does not use the term legal separation. The closest court remedy is a divorce from bed and board, also called a limited divorce, under N.J.S.A. 2A:34-3, which lets a married couple separate through the court while staying legally married so that neither spouse may remarry. A divorce from bed and board differs from an absolute divorce in a key way: it is granted only when both parties petition or join in requesting it, so it requires mutual consent, while an absolute divorce can be granted even if one spouse objects. It may be adjudged for the same causes as a divorce from the bonds of matrimony, and in the proceeding the court can address the same financial issues, including equitable distribution, alimony, and custody and support of children. What it does not do is dissolve the marriage: the couple remains married, which is why some choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a step short of ending the marriage. A divorce from bed and board does not close off a later divorce: either party may afterward apply to convert it to a divorce from the bonds of matrimony, and that application is granted as a matter of right (N.J.S.A. 2A:34-3), so the conversion to an absolute divorce is automatic on request. New Jersey divides marital property by equitable distribution rather than by a community-property split; because those division terms are the same ones used to end a marriage, they belong in a New Jersey Marital Settlement Agreement, and if you decide to end the marriage the pleading that starts it is a New Jersey Divorce Petition. DocDraft builds your New Jersey separation agreement from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    New Jersey does not use the term legal separation. Its closest court remedy is a divorce from bed and board, a limited divorce, under N.J.S.A. 2A:34-3, which lets a couple separate through the court while staying legally married; neither spouse may remarry.

  2. 2

    A New Jersey divorce from bed and board is granted only when both parties petition or join in requesting it, so it requires mutual consent, unlike an absolute divorce, which can be granted over one spouse's objection (N.J.S.A. 2A:34-3).

  3. 3

    A divorce from bed and board may be adjudged for the same causes as an absolute divorce, and in the proceeding the court can address equitable distribution, alimony, and custody and support of children.

  4. 4

    A New Jersey divorce from bed and board does not dissolve the marriage. Either party may afterward apply to convert it to a divorce from the bonds of matrimony, and that application is granted as a matter of right (N.J.S.A. 2A:34-3).

  5. 5

    Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a step short of ending the marriage. Confirm insurance effects with the plan.

  6. 6

    A private separation agreement is another New Jersey option: a contract in which the spouses settle property, debts, support, and parenting while staying married, without a court judgment.

  7. 7

    New Jersey divides marital property by equitable distribution rather than by a community-property split. Because that division is the same one used to end a marriage, those terms belong in a New Jersey marital settlement agreement, not in the separation itself.

Key decisions before you file

Before you file a Legal Separation Agreement in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.

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SEPARATION AGREEMENT (NEW JERSEY)

(New Jersey does not enter a decree of legal separation. This is a private separation agreement; the couple may also seek a divorce from bed and board, a limited divorce, under N.J.S.A. 2A:34-3.)

Superior Court of New Jersey, Chancery Division, Family Part, [COUNTY] County (if a divorce from bed and board is filed) In the Matter of: [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME] Docket No. [DOCKET NUMBER, if any]

This Separation Agreement is made between [SPOUSE 1 NAME] and [SPOUSE 2 NAME], who were married on [MARRIAGE DATE] and separated on [DATE OF SEPARATION].

Status and intent. The parties intend to live separate and apart while staying legally married. They understand that New Jersey does not enter a decree of legal separation, that neither may remarry, and that the marriage ends only through an absolute divorce. The parties enter this agreement freely and voluntarily and have each disclosed their income, assets, and debts.

New Jersey framework. New Jersey offers two tools short of an absolute divorce. First, a private separation agreement, which is this contract, settling the parties' property, debts, support, and parenting while the marriage remains in place. Second, a divorce from bed and board, a limited divorce under N.J.S.A. 2A:34-3, which may be adjudged for the same causes as an absolute divorce and is granted when both parties petition or join in requesting it. In a divorce from bed and board the court can address equitable distribution, alimony, and custody and support of children. Neither tool dissolves the marriage.

Conversion to an absolute divorce. This agreement, and a divorce from bed and board, do not end the marriage. Either party may afterward apply to convert a divorce from bed and board to a divorce from the bonds of matrimony, and that application is granted as a matter of right (N.J.S.A. 2A:34-3).

Alimony and support. The parties agree that [alimony of $[AMOUNT] per month shall be paid by ___ to ___ beginning [DATE] / neither party shall pay alimony], and that the court may address alimony and support in a divorce from bed and board.

Property and debts. New Jersey divides marital property by equitable distribution rather than by a community-property split. Because dividing property is the same work used to end a marriage, the parties set the division out in a New Jersey marital settlement agreement rather than repeat it here; see New Jersey Marital Settlement Agreement. The parties agree that: [SUMMARIZE OR ATTACH the equitable division of marital property and debts].

Children and parenting. The parties have [NUMBER] minor child(ren): [NAME(S) AND DATE(S) OF BIRTH]. Custody, parenting time, and child support are [DESCRIBED HERE / set out in an attached parenting plan]. Custody and child support remain subject to court approval and modification in the best interests of the children.

Signatures. Each party signs freely.

[SPOUSE 1 SIGNATURE] Date: ______ [SPOUSE 2 SIGNATURE] Date: ______

This New Jersey document follows New Jersey law. If you decide to end the marriage, see New Jersey Divorce Petition. For the generic template and other states, see the Legal Separation Agreement hub.

New Jersey Requirements for Legal Separation Agreement

No Legal Separation by That Name

New Jersey does not use the term legal separation and enters no legal-separation decree. The closest court remedy is a divorce from bed and board (a limited divorce), and a couple may also sign a private separation agreement. The couple stays legally married.

Divorce From Bed and Board

A divorce from bed and board is New Jersey's limited divorce under N.J.S.A. 2A:34-3. In it the court can address equitable distribution, alimony, and custody and support of children, but it does not dissolve the marriage and neither spouse may remarry.

Requires Mutual Consent

A divorce from bed and board is granted only when both parties petition or join in requesting such relief, so it requires mutual consent (N.J.S.A. 2A:34-3). An absolute divorce, by contrast, can be granted over one spouse's objection.

Same Causes as an Absolute Divorce

A divorce from bed and board may be adjudged for the same causes as a divorce from the bonds of matrimony (N.J.S.A. 2A:34-3). The grounds are the same; the difference is that a limited divorce does not end the marriage.

Marriage Not Dissolved

A divorce from bed and board and a private separation agreement do not end the marriage. Neither spouse may remarry, and the marriage ends only through an absolute divorce.

Conversion as a Matter of Right

Either party may afterward apply to convert a divorce from bed and board to a divorce from the bonds of matrimony, and that application is granted as a matter of right (N.J.S.A. 2A:34-3). The earlier limited divorce does not block the conversion.

Equitable Distribution

New Jersey divides marital property by equitable distribution rather than by a community-property split. Because this is the same division used to end a marriage, set it out in a New Jersey marital settlement agreement rather than in the separation itself.

Separation Versus Marital Settlement Agreement

A New Jersey divorce from bed and board sets the couple's court posture; a marital settlement agreement is the contract that divides property and sets alimony and is used to resolve both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement.

Frequently Asked Questions

A divorce from bed and board is New Jersey's limited divorce under N.J.S.A. 2A:34-3. It may be adjudged for the same causes as an absolute divorce, and the court can address equitable distribution, alimony, and custody and support of children. What it does not do is dissolve the marriage: the spouses remain legally married and neither may remarry. It is granted when both parties petition or join in requesting it.

Yes. A divorce from bed and board is granted only when both parties petition or join in requesting such relief, so it requires mutual consent (N.J.S.A. 2A:34-3). This is different from an absolute divorce, which a New Jersey court can grant even if one spouse objects. If the spouses do not both want a limited divorce, the practical alternative is an absolute divorce.

An absolute divorce ends the marriage, so both people are single again and free to remarry. A divorce from bed and board keeps the marriage in place: the court can divide property and order alimony and support, but the spouses stay married and neither may remarry (N.J.S.A. 2A:34-3). It also requires mutual consent, while an absolute divorce does not. The main difference is that only an absolute divorce changes marital status.

Yes. The granting of a divorce from bed and board shall in no way prejudice either party from afterward applying to the court to convert it to a divorce from the bonds of matrimony, and that application is granted as a matter of right (N.J.S.A. 2A:34-3). So either spouse can later obtain an absolute divorce by applying for the conversion, and the earlier limited divorce does not block it.

New Jersey divides marital property by equitable distribution rather than by a community-property split, and in a divorce from bed and board the court can address equitable distribution and alimony just as in an absolute divorce (N.J.S.A. 2A:34-3). Because dividing property and setting support is the same work done to end a marriage, those terms are set out in a New Jersey marital settlement agreement rather than repeated in a separate document about status.

People choose a limited divorce for practical or personal reasons. Staying married can keep one spouse on the other's health insurance, though many plans treat a separation the same as a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate rather than divorce for religious reasons, and either spouse keeps the option to convert to an absolute divorce later as a matter of right.