Many people are surprised to learn this, but in the state of New Jersey, there is no such thing as “legal separation.” You’re either married or you’re divorced. It’s sort of like being “a little bit pregnant”, it simply doesn’t exist under New Jersey law.
That said, a lengthy separation can have an impact on certain aspects of your divorce, particularly equitable distribution and alimony.
How a Long Separation Affects Alimony
In cases where spouses have been separated for a long period of time, it’s common for each person to establish an entirely separate standard of living. This can become a key argument when assessing alimony.
A lengthy separation may be used to:
- Reduce a potential alimony obligation
- Limit the duration or scope of that obligation
Essentially, if both spouses have been living independently for years, that reality may influence whether alimony is appropriate and, if so, in what amount.
How Separation Impacts Equitable Distribution
Even though New Jersey law defines the timeframe or equitable distribution as running from the date of marriage to the date a divorce complaint is filed, a long separation can still be relevant factor.
In certain cases, a lengthy separation may support an argument to:
- Limit the distribution of certain assets, or
- Exclude specific assets from distribution altogether
However, this is highly case-specific. The burden falls on the spouse who is trying to limit or exclude an asset to prove why the separation should matter in that context.
And while it’s not automatic, it can be done when the facts support it.
At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow.
