New Jersey Separation Agreement Template

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Updated August 07, 2023

A New Jersey separation agreement is a contract between spouses that lets them settle important issues typically associated with divorce decrees, including alimony, child support, and property division.

New Jersey recognizes legal separation as a distinct status, but it is referred to as a “divorce from bed and board.” The procedure is not commonly used. Instead, couples that no longer wish to live together, but are not yet ready to seek a divorce, more commonly use separation agreements, which may be enforced like other contracts (Equitable Life Assur. Soc. of U.S. v. Huster (1961)) but also subject to modification if circumstances change (Rolnick v. Rolnick (1993)).

Is a Separation Agreement Legal in New Jersey?

Yes, but the state courts do not recognize separation as a distinct legal status, so separation agreements are private contracts, not filed with the court. Couples can seek a court order for alimony, called “support and maintenance,” during their separation.

Source: § 2A:34-23