Bed & Board divorce

[martto922]

What is the name of your state (only U.S. law)? NJ

I am in the final stage of a divorce. The only issue to be resolved is health insurance. My STBX wants to stay on my health insurance for 1 year. A Bed & Board divorce has been suggested. What I have been told is a B&B divorce is a legal separation but still legally married. I do not plan on remarrying in the next year. I am self-employed and health insurance is through my small business. I have less than 25 employees and am not qualified for protection under COBRA (or whatever NJ calls it now) laws. My STBX has not been civil through any of the divorce proceedings (or throughout our marriage for that matter). Judge stated he would order her health insurance premium payment be automatically deducted from alimony, and I suggested my lawyer hold in a
trust account $20,000 for any of her uncovered medical expenses that may arise and at end of 1 year any remaining funds be given back to her. The $20,000 would come from her portion of business buyout I am paying her in divorce settlement.

I need to know a few things about B&B divorce -

1) Can whatever court papers that would need to be filed for final divorce be signed by both of us at time property settlement agreement is signed and still be valid after 1 year? Can anything happen to overrule?

2) What are any problems STBX could make since we would still legally be married?

3) If it is written into PSA that under no circumstances can she contest final divorce after 1 year and we both sign it, is there anyway for her to contest and prolong B&B? I do not trust her.

Any info is greatly appreciated.

 

[Zigner]

You have an attorney. That attorney is familiar with all of the details of your case. Ask your attorney, as we are not in a position to second-guess him/her.

 

[martto922]

I am not asking to second guess anyone - only looking for a second opinion. Trying to gather any additional information I can. My divorce proceedings to date have not been smooth, been in the court for a year and a half. I feel my attorney wants this settled and off his plate.

 

[Zigner]

I am not asking to second guess anyone - only looking for a second opinion. Trying to gather any additional information I can. My divorce proceedings to date have not been smooth, been in the court for a year and a half. I feel my attorney wants this settled and off his plate.

There is no way that anybody in this forum can give you a better or more-informed answer than your attorney.

 

[nextwife]

You need to check with your insurance provider about what is permitted. The last thing you want is to have a major medical claim she incurs denied because she was inelligable for coverage according to plan terms.