Separation
Agreements
The Three Most-Frequently Asked Questions About Separation
Agreements
- How Do I Get A Legal Separation In New Jersey?
- What Is A Separation Agreement?
- What Issues Should A Separation Agreement Address and Resolve?
1. How Do I Get A Legal Separation In
New Jersey?
There is no formal proceeding in New Jersey called a “legal separation.”
However, if either or both spouses do not wish to be divorced but do wish to have a court
resolve the issues collateral to a divorce, such as support and equitable distribution, an
action for a “divorce from bed and board” can be filed.
Upon the entry of a Judgment for a divorce from bed and board, the parties will remain
legally married but they will be economically divorced, just as though a Judgment of
absolute divorce had been entered.
This vehicle is often used by a party whose religious beliefs frown on divorce, or who
must maintain the right to remain covered by his/her spouse’s health insurance.
2. What Is A Separation Agreement?
A Separation Agreement is a written contract which resolves the terms of a
couple’s separation. It may be prepared before or after the filing of a Complaint for
Divorce—even while the parties are living together. If the Agreement resolves all
marital issues, it is usually called a Marital Settlement Agreement.
3. What Issues Should A Separation Agreement
Address and Resolve?
A well-drafted Separation Agreement/Marital Settlement Agreement should address and
resolve as many of the following issues as are applicable:
- Child Custody and Parenting Time.
- Direct Child Support and Payment of Daycare/Education Expenses.
- Children’s Health Care Insurance and Unreimbursed Health Care Expenses.
- Life Insurance or Other Security for Payment of Child Support.
- Income Tax Deductions for Children.
- Alimony (Spousal Support).
- Parties’ Health Care Insurance and Unreimbursed Health Care Expenses.
- Life Insurance or Other Security for Payment of Alimony.
- Distribution of Assets.
- Responsibility for Debts.
- Joint/Separate Filing of Income Tax Returns and Allocation of Taxes/Refunds.
- Payment of Counsel Fees and Costs.
It is important that each party consult with a very experienced Divorce Law Firm, which
will be able to explain and evaluate each of those issues, as well as to identify any
other issues that may be relevant in a particular case.
To speak with a New Jersey Family Law Attorney, call 973-455-1220. |
