COVID-19 and Divorce: Benefits of Bed and Board Divorce During Pandemic

With the continuing COVID-19 pandemic creating financial issues for many divorcing couples and a second wave potentially facing New Jersey, a Divorce from Bed and Board may provide unique benefits to divorcing parties in New Jersey. In New Jersey, a Divorce from Bed and Board is covered by statute and permits parties to obtain a divorce while allowing one party to maintain their medical insurance coverage if covered by the other spouse. An experienced matrimonial attorney will help to negotiate a divorce agreement that specifies the enforcement of a Bed and Board Divorce, detailing the duration of the Bed and Board Divorce.

Considerations for a Bed and Board Divorce

There are certain aspects of a Divorce from Bed and Board that divorcing couples must be aware of before entering into such an agreement. For example, after entry of a Bed and Board Divorce, which is entered by a Family Court judge at a hearing in Superior Court, the parties are still considered married by the IRS, and a former couple can no longer file a joint tax return after obtaining a Bed and Board Divorce. Therefore, while one spouse receives the benefit of continuing to have their health insurance coverage paid for by the other spouse, the divorcing parties will no longer enjoy the possible financial benefit of a joint tax filing.

Legal Separation Myths

There is no such thing as a legal separation in New Jersey, and this common misconception is then confused with the statutory concept of a Bed and Board Divorce. Once a Divorce from Bed and Board has been entered, the Court will have decreed a judicial separation, but this judicial separation does not confer the same legal consequences as a valid divorce.

There are both positive and negative implications for both parties where a Bed and Board Divorce is concerned, and these should be discussed with an attorney before signing anything.

How Long Should a Bed and Board Divorce Take?

If no timeframe for the Bed and Board Divorce is inserted into the language of a divorce agreement, then either party may move to convert the Bed and Board into a Final Judgment of Divorce at any time post-divorce.

The party with the continuing obligation for health insurance coverage is more likely to move to terminate the Bed and Board Divorce, but a specific timeframe can be incorporated into the divorce agreement’s text to avoid later confusion. This timeframe permits both parties to plan for their respective financial circumstances after the Bed and Board Divorce is no longer in place.

Given the severe health concerns related to the pandemic, more clients seek to keep their health insurance coverage for as long as possible post-divorce while separated from their spouses.

Please contact our office to discuss this issue during the COVID-19 pandemic.