"Bed and Board Divorce"

There really isn't a legal proceeding to have a legal separation in New Jersey. The closest thing to a "legal separation" provided in New Jersey is a "divorce from bed and board."

In the 1950's and 60's, bed and board divorce was very popular. Back then it was considered a mortal sin. A bed and board divorce is not really a divorce, but more than a legal separation. In this specific divorce, the couple is economically divorced, but are still legally married. "The parties obtain a judgment that equitably distributes the assets, makes support and alimony awards, apportions debts, sells the marital home, and divides pensions." A divorce from bed and board does not get rid of the marital bond, it only states that the couple is now legally separated. The primary reason in obtaining a divorce from bed and board is to enable both spouses to maintain health insurance.

A major benefit of a divorce from bed and board is that a separated spouse can still receive health insurance benefits from other spouse's employee health plan. The health plan can't be terminated beause it's not a complete divorce. An advantage of this type of divorce is that it can be modified; the couple can apply for a suspension from bed and board. It can converted from a limited divorce to a complete divorce.

This is the type of divorce my parents are going through right now. They are not legally divorced, but are very much separated, until one wishes to get remarried. My mother is a nanny and my father works for Pepsi-Cola, so mother relies a lot on my father's income. She is an independent, determined woman and I have no doubt she could make it on her own. But, for now this is the situation they have decided to go along with. According to Johnny Carson, "The difference between divorce and legal separation is that a legal separation gives a husband time to hide his money!"

Images are from flikr.