Legal Separation in New Jersey FAQ

In New Jersey, legally ending a marriage is called a divorce (or "dissolution"). A separation is different—it allows couples to live apart while remaining married. Spouses can pursue a court-based option, like a divorce from bed and board, or use a private separation to settle issues like money, property, and child custody, while remaining legally married until they decide to reconcile or get a divorce.

Is there a major difference between divorce and separation in New Jersey?

Definitely. A divorce ends the marriage and lets spouses remarry, while a divorce from bed and board or other forms of separation don't.

Does New Jersey law provide for a legal separation?

New Jersey does not have a statute that creates a formal legal separation status for married couples; instead, the closest court‑based option is a divorce from bed and board (DBB). A DBB allows spouses to live apart and legally resolve issues, like property division and child support, while remaining legally married. New Jersey law allows partners in a civil union to legally separate.

A DBB uses the same grounds and addresses the same issues as an absolute divorce and can later be converted to an absolute divorce. After a DBB judgment, any property or debt that one spouse acquires is considered their separate property and debt.

The DBB process is time-consuming and expensive. Many couples in New Jersey prefer to negotiate a separation agreement (sometimes called a "property settlement agreement").

(N.J. Stat. § 2A:34-3 (2025).)

What is a separation agreement?

A separation agreement is a written contract between spouses. Once it's signed and notarized, its terms are legally binding on each spouse. The purpose of the agreement is to address and resolve all the issues that would arise in a standard divorce case. These would include topics such as custody and visitation (parenting time), child support, alimony (spousal support), and property division.

The allure of the agreement is that you can achieve your separation goals without involving the courts. This saves time (court actions tend to drag on) and money, particularly attorneys' fees, which typically mount quickly in court cases.

New Jersey courts treat separation agreements like other contracts and enforce them as long as both spouses entered them voluntarily, with full financial disclosure, and the terms aren't unconscionable (extremely unfair), or obtained by fraud or coercion.

Note also that you and your spouse don't have to be living in separate residences for a separation agreement to be valid. In fact, there are instances of individuals living in the same house even after a divorce, usually for economic reasons.

What is a trial separation?

A trial separation is an informal arrangement where spouses agree to live apart for a while and see whether they want to stay married. Couples often use a trial separation to work on themselves or go to couples counseling without the stress of living together during a rough patch in their relationship.

There is no special law in New Jersey for a trial separation, so couples decide for themselves how they want it to work. Spouses should clarify who will pay shared bills and whether one spouse will help financially support the other during the separation.

Parents who are married but have not yet filed for divorce can still get court orders involving parenting and support issues.

Why would someone choose separation over divorce?

There are various reasons people opt for separation rather than divorce. Some couples choose to separate rather than divorce for religious reasons or to avoid the stigma of divorce.

Finances are also a factor. For example, a couple might want to continue filing a joint tax return or hope to continue health insurance coverage through an employed spouse. Today, some plans still allow coverage after a divorce from bed and board but terminate coverage after an absolute divorce. Coverage rules are highly plan‑specific, so spouses should check directly with the employer or plan administrator before pursuing a DBB for this reason.

Do I need an attorney for a separation?

Generally, no. But, like a divorce, the issues that arise in separation are complex. Attempting to address them without the benefit of legal advice could lead to major problems down the road.

A mediator can help you reach and prepare a separation agreement, but each spouse should still have a family law attorney review the agreement because separation agreements can have long-term financial and personal consequences.

Learn more about New Jersey divorce and family law.