What Is a Divorce From Bed and Board?

Learn how a divorce from bed and board lets spouses live apart, divide property, and get court orders while staying legally married.

By , Attorney UC Law San Francisco
Updated 12/31/2025

Contrary to what the name suggests, a divorce from bed and board (DBB) isn't a divorce at all, but a form of legal separation that only a few states still recognize. While the specifics vary from state to state, the DBB process typically allows spouses to live apart and untangle their finances while remaining legally married.

Here's an overview of how a DBB works and how it differs from a legal separation and absolute divorce.

What Is a Divorce From Bed and Board?

A divorce from bed and board (sometimes called a "limited divorce") is a court-ordered separation. Only a few states still use this old-fashioned term, including:

To get a DBB, a couple must file legal paperwork and meet certain requirements. In North Carolina and Virginia, divorce from bed and board is fault-based only. In these states, you must prove that your spouse engaged in some kind of misconduct, like abandonment, to get a DBB. New Jersey allows a DBB to be granted on the same grounds as an absolute divorce, which includes both fault and no-fault grounds.

A DBB allows spouses to live apart and have a judge divide property and debt, order spousal and child support, and determine child custody, while the couple remains legally married.

(N.J. Stat. § 2A:34-3; Va. Code §§ 20-95, 20-116; N.C. Gen. Stat. § 50-7 (2025).)

A divorce from bed and board and a legal separation are very similar in what they do—they both allow a judge to divide property and debts, order alimony, and issue child custody and support orders, without legally ending the marriage.

You can get a legal separation in most states, while only a few states allow DBBs. A few states—including Florida, Pennsylvania, and Texas—don't have DBB or legal separation procedures, though married couples can still live apart and use other tools like separation agreements to address property, support, and custody issues.

Divorce From Bed and Board vs. Absolute Divorce

The most important difference between a DBB and an absolute divorce is that you're still legally married after a DBB. An absolute divorce (also called a "dissolution of marriage" or just "divorce") ends the marriage.

After an absolute divorce:

  • all spousal rights and privileges end (including inheritance rights and the ability to file a joint income tax return)
  • legal issues, such as property division, are permanently resolved by a court judgment or divorce settlement agreement, and
  • both people are single and free to remarry.

Why Get a Divorce From Bed and Board?

Getting a DBB can take just as much time, paperwork, and money as getting an absolute divorce. Yet, some people sometimes still choose it because their religion discourages divorce, or because they hope to reconcile later and ask the court to revoke or set aside the DBB so they can resume normal married life.

Another reason some couples consider a DBB is health insurance. Because spouses are still legally married after a DBB, some employer health plans will let the dependent spouse stay on the employee's coverage, though other insurers consider a DBB the same as a divorce for the purposes of terminating health benefits. If you're considering a DBB so that your spouse can keep health insurance benefits, carefully read the plan documents or talk with the plan administrator or your HR department to see whether a DBB spouse can remain covered.

If you're considering a divorce from bed and board, talk to a family law attorney. A lawyer can explain whether a DBB is available in your state and how a DBB might affect your property rights, inheritance rights, taxes, and benefits. A lawyer can give you the information you need to decide whether a DBB or an absolute divorce best protects your finances and family.

If you can't afford to hire an attorney, most courts in New Jersey, North Carolina, and Virginia offer self-help resources, including divorce and family law forms and instructions for people representing themselves.

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