New Jersey
Legal Separation in New Jersey: Divorce From Bed and Board (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 12 primary sources cited on this page. How we verify our legal content
New Jersey's version of legal separation is a "divorce from bed and board" under N.J.S.A. 2A:34-3. The court can grant it only when both spouses petition or join in asking for it, on the same causes as a full divorce, and either spouse can later convert it into a final divorce as a matter of right.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers divorce from bed and board, and legal separation of a civil union, under New Jersey law, mainly N.J.S.A. 2A:34-3, with the related sections 2A:34-2, 2A:34-6, 2A:34-8, 2A:34-10, 2A:34-23, 2A:34-24.1, 3B:3-14, 3B:5-3 and 3B:8-1. It does not cover how alimony or child support amounts are set, custody standards, or other states' law. For full divorce, see New Jersey divorce laws.
Statute text: The Title 2A sections quoted on this page were checked on the New Jersey Legislature's website on 2026-10-08. The Title 3B sections were checked against a copy of the official text retrieved on 2026-08-01. Check the current text before relying on them.
Does New Jersey have legal separation?
Yes, under the name divorce from bed and board. Section 2A:34-3(a) provides:
"Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony"
Two features set it apart. It is not available to one spouse alone: both must petition or join in the request. And it is not a lighter standard than divorce: the parties must prove a cause that would support a full divorce.
For couples in a civil union, the jurisdiction statute, N.J.S.A. 2A:34-8, refers to "legal separation from a partner in a civil union couple" alongside "bed and board divorce."
Bed-and-board divorce versus a full divorce
A divorce from bed and board is not a divorce from the bonds of matrimony. The statute treats the two as different judgments and lets either party later turn the first into the second (see the conversion section below).
| Question | Divorce from bed and board | Divorce from the bonds of matrimony |
|---|---|---|
| Who must ask for it | Both parties petition or join (2A:34-3(a)) | See the divorce page |
| Causes | Same causes as a full divorce (2A:34-3(a); 2A:34-2) | Causes in 2A:34-2 |
| Property rights while in force | As though an absolute divorce had been entered (2A:34-6) | Final |
| Can it become a full divorce | Yes, on application, as a matter of right (2A:34-3(a)) | Not applicable |
Grounds for divorce from bed and board
The causes are those for a full divorce in N.J.S.A. 2A:34-2. They include irreconcilable differences for six months, separation for 18 months, desertion for 12 months, adultery, extreme cruelty, addiction, institutionalization, imprisonment and deviant sexual conduct.
The no-fault cause is stated this way in 2A:34-2(i):
"Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation."
The full conditions for each cause are on the New Jersey divorce laws page.
Residency and where to file
The Superior Court hears these cases. Under N.J.S.A. 2A:34-8, the court "shall have jurisdiction of all causes of divorce, dissolution of a civil union, bed and board divorce, legal separation from a partner in a civil union couple or nullity when either party is a bona fide resident of this State."
Section 2A:34-10 applies to divorce "either absolute or from bed and board." Jurisdiction exists when either party was a bona fide resident when the cause arose and has stayed one until filing, or when either party became a resident after the cause arose and has been one for at least the year before filing. The first route has an exception written for absolute divorce:
"except that no action for absolute divorce or dissolution of a civil union shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State"
That exception does not mention bed-and-board divorce. A lawyer licensed in New Jersey can confirm how the residency rules apply to a particular case.
What the court can order
Property. Section 2A:34-6 provides: "For and during the time that any judgment for divorce from bed and board ... shall remain in force and effect all property rights of the parties shall be as though a judgment of absolute divorce or dissolution had been entered." In any property transaction while the judgment is in force, the judgment must be distinctly recited, with a reference to the public record of it.
Alimony, custody and child support. Section 2A:34-23 provides that "Pending any matrimonial action or action for dissolution of a civil union brought in this State or elsewhere, or after judgment of divorce or dissolution or maintenance ... the court may make such order as to the alimony or maintenance of the parties, and also as to the care, custody, education and maintenance of the children." Section 2A:34-24.1 also allows support orders after a divorce, "whether absolute or from bed and board," that was entered without personal jurisdiction over the other spouse.
For how support amounts are set, see New Jersey alimony laws and New Jersey child support laws. For parenting arrangements, see New Jersey child custody laws.
Converting to a final divorce, or ending it on reconciliation
Section 2A:34-3(a) protects each spouse's right to move on to a full divorce:
"the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right."
Only one spouse needs to apply for the conversion. If the parties reconcile, the same section lets them apply for a revocation or suspension of the judgment.
Effect on wills, the elective share and intestate inheritance
Wills and other transfers. For the rules that revoke gifts to a former spouse, N.J.S.A. 3B:3-14(b) defines "divorce or annulment" to include "a judgment of divorce from bed and board." So, unless the instrument, a court order or a property contract between the spouses provides otherwise, the revocation rules in that section reach a bed-and-board judgment too.
Elective share. Under N.J.S.A. 3B:8-1(a), the surviving spouse's elective share is not available where the decedent or the surviving spouse "had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board." Section 3B:8-1(b) applies the same exclusions as the intestacy statute, N.J.S.A. 3B:5-3(d), which provides that "surviving spouse" does not include "an individual who has filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, or against whom a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, has been filed for" divorce from bed and board, among other actions. Both rules turn on a filed complaint that was not dismissed. An estate lawyer licensed in New Jersey can confirm how they apply to a particular case.
Official court resources
The New Jersey Courts' self-help divorce page and its glossary of common terms are the official starting points for family filings. Neither page discusses divorce from bed and board or lists a separate court form set for it. A lawyer licensed in New Jersey can advise on how to request it.
Disclaimer: This article provides general legal information about divorce from bed and board and civil-union legal separation under New Jersey law, mainly N.J.S.A. 2A:34-3. It is not legal advice. The information was verified on 2026-10-08 (Title 3B text against a copy retrieved on 2026-08-01), and the law can change. For advice about your situation, consult a lawyer licensed in New Jersey or the New Jersey Courts self-help resources.
Related
- Legal separation laws in every state
- New Jersey divorce laws
- New Jersey alimony laws
- New Jersey child custody laws
- New Jersey child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Is there legal separation in New Jersey?
New Jersey's form of legal separation is divorce from bed and board under N.J.S.A. 2A:34-3. For civil unions, the statutes call it legal separation.
Can one spouse file for divorce from bed and board in New Jersey?
Not alone. Section 2A:34-3(a) allows it only when both parties petition or join in requesting it and there is sufficient proof of a cause for divorce.
Can a bed and board divorce be turned into a regular divorce in New Jersey?
Yes. Under N.J.S.A. 2A:34-3(a), either party may apply to convert it to a divorce from the bonds of matrimony, and the application is granted as a matter of right.
What happens to property during a New Jersey divorce from bed and board?
While the judgment is in force, N.J.S.A. 2A:34-6 treats the parties' property rights as though an absolute divorce had been entered.
Can I get alimony with a divorce from bed and board in New Jersey?
N.J.S.A. 2A:34-23 lets the court order alimony or maintenance and child custody and support in a matrimonial action. Section 2A:34-24.1 adds support orders after a bed-and-board judgment entered without personal jurisdiction over the other spouse.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2A:34-3Causes for divorce from bed and board or legal separation from partner in a civil union couple.In force
2A:34-3. Causes for divorce from bed and board or legal separation from partner in a civil union couple. a. Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2A:34-6Divorce from bed and board or legal separation from a civil union; property rights.In force
2A:34-6. Divorce from bed and board or legal separation from a civil union; property rights. For and during the time that any judgment for divorce from bed and board or legal separation from a partner in a civil union couple shall remain in force and effect all property rights of the parties shall be as though a judgment of absolute divorce or dissolution had been entered. In any property transaction by either of the parties in such status the fact of the existence of such judgment shall be distinctly recited and reference to the public record thereof shall be clearly set forth.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2A:34-10Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements.In forcecited in 2 of our articles
2A:34-10. Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements. Jurisdiction in actions for divorce, either absolute or from bed and board, and in actions for dissolution of a civil union or legal separation from a partner in a civil union couple may be acquired when process is served upon the defendant as prescribed by the rules of the Supreme Court, and 1. When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce or dissolution of a civil union shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or 2. When, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a bona fide resident of this State.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Painter v. Painter (Supreme Court of New Jersey 1974, 65 N.J. 196)“…ment, has been shortened from two years to one year. N. J. S. A. 2A:34-10. 9. Issue of an annulled marriag…”
- Innes v. Carrascosa (New Jersey Superior Court Appellate Division 2007, 391 N.J. Super. 453)“…onal property within the jurisdiction of the court . . . N.J.S.A. 2A:34-10 similarly holds that jurisdiction over…”
- Das v. Das (New Jersey Superior Court Appellate Division 1992, 254 N.J. Super. 194)“…quota list", satisfied the jurisdictional prerequisites of N.J.S.A. 2A:34-10. In doing so, however, the court cautio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Divorce Laws (2026): Grounds, Residency, and Process
§ 2A:34-8Jurisdiction stated.In forcecited in 2 of our articles
2A:34-8. Jurisdiction stated. The Superior Court shall have jurisdiction of all causes of divorce, dissolution of a civil union, bed and board divorce, legal separation from a partner in a civil union couple or nullity when either party is a bona fide resident of this State. The Superior Court shall have jurisdiction of an action for alimony and maintenance when the defendant is subject to the personal jurisdiction of the court, is a resident of this State, or has tangible or intangible real or personal property within the jurisdiction of the court. The Superior Court may afford incidental relief as in other cases of an equitable nature and by rule of court may determine the venue of matrimonial and civil union actions.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Annulment Laws: Grounds, Deadlines and How to File (2026)
§ 2A:34-23Alimony, maintenance.In forcecited in 4 of our articles
2A:34-23. Alimony, maintenance. Pending any matrimonial action or action for dissolution of a civil union brought in this State or elsewhere, or after judgment of divorce or dissolution or maintenance, whether obtained in this State or elsewhere, the court may make such order as to the alimony or maintenance of the parties, and also as to the care, custody, education and maintenance of the children, or any of them, as the circumstances of the parties and the nature of the case shall render fit, reasonable and just, and require reasonable security for the due observance of such orders, including, but not limited to, the creation of trusts or other security devices, to assure payment of reasonably foreseeable medical and educational expenses.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 615 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lepis v. Lepis (Supreme Court of New Jersey 1980, 83 N.J. 139)“…ort orders at any time is specifically recognized by N.J.S.A. 2A:34-23: Pending any matrimonial action…”
- Gnall v. Gnall (073321) (Supreme Court of New Jersey 2015, 222 N.J. 414)“…dered the requisite statutory factors for alimony stated in N.J.S.A. 2A:34-23(b), and made specific findings of fact…”
- Cathleen Quinn v. David J. Quinn (074411) (Supreme Court of New Jersey 2016, 225 N.J. 34)“…t[.]’” Innes v. Innes, 117 N.J. 496, 503 (1990) (quoting N.J.S.A. 2A:34-23). “The basic purpose of alimony is t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Child Support Laws (2026): Guidelines & Calculator, New Jersey Alimony Laws: Open Durational Alimony and the 2014 Reform (2026)
§ 3B:8-1Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditions.In force
3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions. a. If a married person, partner in a civil union, or person in a domestic partnership dies domiciled in this State, the surviving spouse, partner in a civil union, or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, unless either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board. b. For purposes of this section "surviving spouse, partner in a civil union, or domestic partnership" shall not include those individuals described pursuant to subsection d. of N.J.S.3B:5-3.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
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Sources and References
- N.J.S.A. 2A:34-3, Divorce from bed and board(lis.njleg.state.nj.us).gov
- N.J.S.A. 2A:34-8, Superior Court jurisdiction in matrimonial causes(lis.njleg.state.nj.us).gov
- N.J.S.A. 2A:34-6, Property rights during divorce from bed and board(lis.njleg.state.nj.us).gov
- N.J.S.A. 2A:34-2, Causes for divorce(lis.njleg.state.nj.us).gov
- N.J.S.A. 2A:34-10, Residency requirements(lis.njleg.state.nj.us).gov
- N.J.S.A. 2A:34-23, Alimony, maintenance, custody and support orders(lis.njleg.state.nj.us).gov
- N.J.S.A. 2A:34-24.1, Support and maintenance orders after judgment(lis.njleg.state.nj.us).gov
- N.J.S.A. 3B:3-14, Revocation by divorce or annulment (includes bed and board), New Jersey Legislature statutes database (search 3B:3-14)(lis.njleg.state.nj.us).gov
- N.J.S.A. 3B:8-1, Elective share of surviving spouse, New Jersey Legislature statutes database (search 3B:8-1)(lis.njleg.state.nj.us).gov
- N.J.S.A. 3B:5-3, Intestate share of surviving spouse; exclusions in subsection d, New Jersey Legislature statutes database (search 3B:5-3)(lis.njleg.state.nj.us).gov
- New Jersey Courts, Self-Help: Divorce(www.njcourts.gov).gov
- New Jersey Courts, Self-Help: Divorce common terms(www.njcourts.gov).gov