Many couples in New Jersey who are either pursuing divorce or considering divorce choose to separate while they sort through things. Couples may use this time apart to seek counseling and decide whether they are ready for divorce, or they may already be in the throes of preparing for divorce.

Separated individuals do not have any special legal protections under New Jersey law, and it is very important that they take steps to protect their interests.

When spouses live apart while they are still legally married, they have no control over how their partners are spending marital assets or accruing marital debt. They also lose visibility into whether their spouses are hiding assets, or taking other steps to obtain the upper hand in a divorce.

Those who are planning to separate for a significant length of time, for more than just a few months, should talk to a family law attorney about whether a separation agreement may be in order. While “separated” is not a legal marital status in New Jersey, separated couples can craft separation contracts to address temporary property division, child custody and financial management.

Separation agreements can help protect each spouse’s rights during the separation period, as well as prevent unintended consequences of a separation should the couple ultimately decide to divorce. Separation agreements may not be a suitable solution for all couples who are taking some time apart, and it is best for individuals to talk to their own family law attorneys about their unique situations and concerns.

Source: Forbes, “Putting Off Divorce? Ten Ways Long-Term Separation Can Do Women More Harm Than Good,” Jeff Landers, Oct. 3, 2013