In some states, “divorce from bed and board” is when couples can obtain a “legal separation” either prior to or instead of a divorce. For instance, New Jersey does have a legal separation process for married couples, but it does have a similar process, called “divorce from bed and board.” This may also be referred to as the “limited divorce,” as distinguished from complete divorce, or “divorce from the bonds of matrimony.”
Additionally, New Jersey has a procedure known as “legal separation” for civil union partners, and this is essentially identical to divorce from bed and board. Bed and board developed during a time when divorce carried a considerable degree of social stigma.
Recently, there have been changes to this but, still there are reasons some people desire to pursue a legal process of separation instead of obtaining a final divorce. Some couples may even have financial reasons for getting a legal separation rather than a divorce.
What Is the Procedure for Divorce From Bed and Board?
In the state of New Jersey, married couples can get a divorce from bed and board on the same grounds as a full divorce. But regardless of the grounds, both parties must consent to the procedure. Couples who go through divorce from bed and board remain technically married.
However, keep in mind that neither of the spouses can remarry without taking steps to convert the divorce from bed and board into a final judgment of absolute divorce. While conversion is usually a simple procedure, it does require filing of additional paperwork and paying additional court fees to meet the requirements. But the court allows spouses who reconcile following divorce from bed and board to apply to have the judgment revoked or suspended. This is not an available option after a complete divorce; a couple would have to remarry instead.
What Is Divorce From Bed and Board in Regards to Health Insurance?
One of the main reasons couples today consider divorce from bed and board more frequently now is because this process often allows a dependent spouse to continue health insurance coverage provided by a supporting spouse’s employer. Since health insurance has become increasingly expensive, and a dependent spouse has difficulty affording insurance following divorce, couples may opt for this option.
If the employed spouses work for a business with at least 20 employees, one option may be to continue the same coverage under COBRA (The Consolidated Omnibus Budget Reconciliation Act). But, COBRA coverage is typically only available for a maximum of 36 months and it is often expensive. Moreover, the former spouse’s employer will no longer cover any portion of the premium and removing an individual policy can be even more costly.
Because couples are considered still married after a divorce from bed and board, the dependent spouse can continue coverage under the employed spouse’s policy. In many cases, couples can agree for a divorce from bed and board for a specific time period till the dependent spouse is able to obtain employment with Medicare benefits.
However, before taking advantage of this option, it is important to check the terms of your health insurance policy. For example, if your policy states that “legal separation” is a qualifying event requiring removal of a spouse from coverage, consulting with an attorney regarding the potential effect of the divorce from bed and board will be crucial.
What Are the Other Consequences of Divorce From Bed and Board?
While divorce from bed and board can be an effective way for spouses to have economic separation, there may be other aspects of the separation that are not as complete as with a full divorce. A couple cannot continue to label property as marital, while the divorce from bed and board is in effect. The survivor benefits under many pension plans, and certain federal benefits such as spousal social security retirement benefits, are continued during the divorce from bed and board. Other rights, though, such as property rights and the right to claim an elective share against a deceased spouse’s estate, are not preserved.
Furthermore, if you have a specific reason for obtaining a divorce from bed and board, such as preservation of insurance coverage, you may be better off entering into a written settlement agreement before making a final decision to divorce. This is a way to ensure the protection of the children and financial assets without a formal legal process. The courts require that such agreements be in writing, signed by both parties, and notarized to be valid.
If you are considering divorce from bed and board, be sure to consult with an experienced attorney regarding how the process will affect your individual situation. Because it is not as common as complete divorce, not all family law attorneys are familiar with the various ways that it can impact property rights. Besides the property rights, you may also need to work with an accountant regarding the effects of the divorce from bed and board on your income taxes and how you can file for your tax returns.
What Are the Grounds for Divorce From Bed and Board?
Generally, only the injured spouse can request a divorce from bed and board. For instance, under the North Carolina law, to qualify for a divorce from bed and board, you must illustrate that your spouse has committed a marital fault.
In this state, there are six types of faults that establish grounds for a divorce from bed and board which include:
- Abandonment of the family;
- Maliciously turning a spouse out of doors;
- Treating a spouse in such a cruel or barbarous way that it endangers his or her life;
- Indignities that render a spouse’s condition intolerable or life overly burdensome;
- Excessive use of drugs or alcohol that makes a spouse’s condition intolerable or life overly burdensome and;
- Adultery.
What Are the Defenses to a Claim for Divorce From Bed and Board?
Your family attorney will be better versed in these. Typically to defeat a spouse’s claim, an accused spouse can show that the complaining spouse’s evidence is incorrect. These are some of the defenses that can be utilized:
- Collusion – A colluding spouse is one who schemes with the other spouse to establish evidence of marital faults that do not exist in order to obtain a divorce decree;
- Connivance – A spouse who connives is one who shows the accused spouse’s misconduct. But, the fact that the complaining spouse sets up the accused spouse to fail is marital misconduct;
- Condonation – If a complaining spouse is aware of and forgives an accused spouse’s misconduct, then the accused spouse can use the defense of condonation and;
- Recrimination – where the accused spouse asserts that the complaining spouse is equally guilty of marital misconduct and the accused spouse must establish the ground for divorce to show that the accused spouse did not provoke the complaining spouse.
When Do I Need to Contact a Lawyer?
If you are considering marital separation but do not want to resort to a divorce, it may be useful to look at your local state laws to research what your legal options may be. It is important to consult with your local divorce lawyer to determine how to proceed forward.
