CSG Law Alert: The Marriage End Date – A Small Detail with Big Legal Consequences
When exactly does a marriage end? There is an important legal distinction between when a couple has “separated” and when a marriage has “ended.” In New Jersey, physical separation alone is not enough to establish a marriage end date.
In New Jersey, it is well established that a marriage ends when a Complaint for Divorce is filed which culminates in a final judgment for divorce. While a Complaint does not terminate the marriage itself, it does serve as a cut-off for purposes of determining many important issues including but not limited to:
- Equitable Distribution of Assets and Liabilities: Until a Complaint for Divorce is filed, marital assets and liabilities remain just that: marital. Marital assets subject to equitable distribution, as defined by New Jersey statute, are property, real and personal, that was legally and beneficially acquired by either party during the marriage. While there are always exceptions, the date of complaint is a marriage end date that may serve as the valuation date for determining what assets may be subject to equitable distribution between spouses.
- Alimony and Support Obligations: Spousal and support obligations are determined, in part, based on the length or duration of a marriage.
- Insurance and Benefits: Until entry of a final judgment, spousal coverage requirements, survivor benefits and other marriage-dependent benefits remain in effect.
There are, of course, exceptions to any rule and mechanisms by which you can preserve an earlier marriage end date, absent filing a Complaint, such as a cut-off or tolling agreement.
For more information on this issue or other family law matters, please contact the Family Law Group at CSG Law.