This may be the case for couples in New Jersey where the couple can live apart even as they do not go through legal separation. Knowing the implications of such a type of living is important for either party. This article explores the ins and outs of living apart without legal separation in New Jersey, focusing on the reasons behind, the risks, legal protections, and the need for professional advice.
Understanding Living Apart Without Legal Separation
In New Jersey, there is no such term as “legal separation” for the married couple. This concept eliminates the need to undergo any official change in legal status, and both partners are allowed to live apart.
In contrast to divorce, which formally dissolves the marriage, or a “divorce from bed and board” (a limited divorce), living apart without formal legal separation, again, doesn’t dissolve the marital status. It remains exactly the same as if the couple were cohabiting. This decision can be made for individual, financial, or religious reasons.
Factors driving couples to consider living apart not through legal separation include:
Reasons Couples Do Not Live Together Legally But Separately Include
Financial:
- Health Insurance, for example A spouse retains the right and privilege of benefiting from health insurance coverage under a spouse’s scheme, which the spouse would possibly lose in a divorce.
- Tax Advantages: In some instances, married people may enjoy tax benefits, especially on filing jointly, that reduce their tax obligations.
- Social Security: A ten-year marriage may provide a spouse with the right to social security through the earning record of the other spouse.
Religious Beliefs
- Religious Dogma: In some religions, divorce is discouraged or even prohibited. Therefore, separation without legal divorce becomes the most acceptable solution.
- Hope for Reconciliation: The couple may live separately to rekindle their relationship, expecting to reconcile at a later time without the divorce’s finality.
Effects on Children
Security for Children: The parents may think that maintaining the marriage even when living apart offers a more stable environment for the children than in the case of divorce.
Potential Risks and Challenges
Even though living apart without legal separation offers some benefits, it also exposes one to possible risks:
Financial Risks
Management of Common Property and Debts: The lack of an agreement can lead to disputes in managing common property and debts. A spouse might accumulate debts that could be transferred to the other spouse. Lack of Legal Safeguards: There is hardly any protection from a spouse’s financial decisions that may be adverse to both.
Property Rights and Division
Undefined Responsibilities: The absence of a clear legal definition makes the question of who owns what property and assets somewhat vague and open to argument, especially if the divorce takes place.
Child Custody and Support Questions
Unclear Parental Authority: There may be misgivings over childcare rights and the obligation to make child support payments, which can have dire effects on the children.
Legal and Other Solutions
For security reasons, the two may also consider the following:
Separation Agreements
Terms of Separation: A separation agreement is a paper that couples write and sign to explain terms of separation. In most of them, it details asset division, debt responsibility, child custody, and support arrangements. This is a legally binding contract to both parties.
Divorce from Bed and Board
Limited Divorce Option: New Jersey offers the option of “divorce from bed and board.” This provides for living separately but settling financial and legal matters while not absolutely divorcing. Such an arrangement would be ideal for those seeking legal protections in conformity with personal or religious objections against absolute divorce.
Importance of Professional Legal Guidance
Living apart without a legal separation involves much complexity that needs to be handled with a lot of thought and professional know-how. Family law attorneys are best consulted on matters such as: Rights and Obligations: Understanding what each spouse legally owns and is liable for in the period of separation. Drafting Agreements: Helping create detailed separation agreements that protect both parties’ interests. Long-term Implications: The implications of living apart without legal separation, especially asset division and child custody, must be evaluated over the long run.
Conclusion
Living apart without legal separation is a decision in New Jersey, which has grave implications. This may have several benefits, but the risks and challenges involved cannot be ignored. Professional legal consultation and formal agreements to settle terms of separation protect the interests of the couple as they navigate through this complex arrangement.
