Divorce From Bed and Board Hot Tips (Part 2)
The following are the next 5 of my 20 major Hot Tips to keep in mind when considering advising your client to enter into a Divorce from Bed & Board (“DBB”):
- When agreeing to a DBB, make sure that you specifically state that no new plenary action is necessary to be instituted, but rather conversion can be done by way of post-judgment motion under the initial docket number (see DeAngelis, 122 N.J. Super at 50).
- Additionally (referring again to the DeAngelis case), counsel should specifically include in any agreement for the entry of a DBB that the issues resolved at the time of the entry of the DBB cannot be revisited.
- As far as equitable distribution of property, the entry of a DBB shall be no different than if a judgment of absolute divorce or dissolution has been entered. Accordingly, equitable distribution of property pursuant to a DBB shall be legally recognized to the same extent as equitable distribution of property pursuant to a full divorce. Therefore, each party may accumulate separate property free of any claims of the other party to the same extent as if the parties were divorced.
- A pension may be equitably distributed after a DBB pursuant to a Qualified Domestic Relations Order (“QDRO”).
- Beware, a DBB may not terminate survivorship benefits in a retirement asset like a full divorce.
