New Jersey Divorce from Bed and Board: Pros, Cons, and Alternatives
A Divorce from Bed and Board (Divorce a Mensa et Thoro) under New Jersey law legally separates your finances and property while keeping the marriage legally intact. This unique option is often used by couples who wish to retain health insurance benefits or maintain their religious standing.
Not every married couple ready to separate their lives wants to permanently end their legal marriage. For some, remaining legally married while completely separating their financial and living arrangements is the perfect middle ground. In New Jersey, this is known as a Divorce from Bed and Board. This article breaks down the legal framework of this process, how it handles property, and why couples choose it over an absolute divorce.
Difference Between Absolute Divorce and Bed and Board
An absolute divorce permanently dissolves the marriage. You are single, you can remarry, and all marital ties are cut. A Divorce from Bed and Board, governed by N.J.S.A. § 2A:34-3, is a form of limited divorce. The parties remain legally married, which means neither person can remarry. However, it requires the court to resolve all financial issues, just as it would in an absolute divorce. The defining case of Weinkrantz v. Weinkrantz, 129 N.J. Super. 28 (NJ App. Div. 1974) established that this process legally separates the couple's financial lives while preserving the marital bond for specific benefits, like health insurance or survivor pensions. Notably, granting a Divorce from Bed and Board usually requires mutual consent; if one spouse objects and insists on an absolute divorce, the court will typically grant the absolute divorce.
How Property is Divided
In a Divorce from Bed and Board, property division is handled exactly the same way as an absolute divorce. The court will apply New Jersey's equitable distribution laws. All marital assets-such as houses, bank accounts, and retirement funds-are permanently divided. Once the judgment is entered by the Superior Court of New Jersey, Chancery Division, Family Part, Morristown or your local county court, any property acquired by either spouse moving forward is considered separate property. The financial separation is complete and final, protecting both spouses from each other's future debts.
Converting to a Final Judgment of Divorce Later
A major advantage of this arrangement is flexibility. If either spouse later decides they want to remarry or simply wants a clean break, a Divorce from Bed and Board can easily be converted into an absolute divorce. You do not need to renegotiate your property or financial settlements. Either party can file a simple motion with the court, such as the Superior Court of New Jersey, Chancery Division, Family Part, Toms River, requesting the conversion. The original terms of the financial separation will simply be incorporated into the final judgment of absolute divorce.
Step-by-Step Process in New Jersey
Whether you reside in Morristown, Toms River, or Cherry Hill, the legal procedure requires formal court action.
Step 1: Filing the Complaint
You must file an individually drafted Complaint for Divorce from Bed and Board under N.J.S.A. § 2A:34-3, as the New Jersey court system does not provide a standardized fill-in-the-blank form for limited divorce. Both spouses generally need to agree to proceed under this specific statute.
Step 2: Negotiating the Financial Settlement
You will go through the discovery process to exchange financial information. Most couples draft a Marital Settlement Agreement (MSA) that details exactly how assets, debts, and alimony (under N.J.S.A. § 2A:34-23) will be handled.
Step 3: The Court Hearing
You will attend a hearing at your local court, for example, the Superior Court of New Jersey, Chancery Division, Family Part, Camden. The judge will review your agreement, confirm that both parties consent to a Bed and Board divorce, and enter the final judgment, officially severing your financial ties.
How Much Does it Cost in New Jersey?
The costs for a Divorce from Bed and Board are virtually identical to an absolute divorce because the same amount of legal work is required for financial distribution.
- Court Filing Fee: Approximately $300.
- Attorney Fees: Depending on complexity, local lawyers may charge anywhere from $3,000 to $10,000+ to negotiate and finalize the financial agreements. You can find experienced local attorneys in our United States Lawyer Directory to guide you.
- Mediation Fees: If you use a mediator, expect to pay $150 to $400 per hour.
How Long Does the Process Take?
Because you still have to resolve all property and financial issues, the timeline mirrors a standard uncontested divorce. If you and your spouse agree on all terms quickly, the process can take 3 to 6 months. If there are disputes over asset division, it could take a year or more to finalize the judgment.
Frequently Asked Questions (FAQ)
Why do couples choose a Divorce from Bed and Board?
The most common reasons are to keep a spouse on an employer-sponsored health insurance plan, to preserve certain widow/widower pension benefits, or to honor religious beliefs that strictly prohibit absolute divorce.
Can my spouse force me to get a Divorce from Bed and Board?
No. New Jersey courts generally require mutual consent for this type of divorce. If one party wants an absolute divorce, the judge will usually grant the absolute divorce instead.
Can I remarry if I have a Divorce from Bed and Board?
No. You are still legally married to your spouse. To remarry, you must first petition the court to convert your Bed and Board divorce into an absolute divorce.
Will I still be responsible for my spouse's future debts?
No. Once the court enters the judgment for a Divorce from Bed and Board, your finances are completely separated, and you are protected from any debts your spouse incurs afterward.
Can a Bed and Board divorce include alimony?
Yes. The court can order alimony and spousal maintenance exactly as it would in an absolute divorce, depending on the financial circumstances of both parties.
No reviews yet. Be the first to share your experience!