Legal Definitions - separation from bed and board

Separation from bed and board is a legal decree that permits married spouses to live separately without formally ending their marriage. Unlike a full divorce, which dissolves the marital bond and allows both parties to remarry, a separation from bed and board maintains the legal status of marriage.

This type of separation typically establishes legal arrangements for matters such as spousal support (alimony), child custody, child support, and the use of marital property, while the couple remains legally married. It is sometimes referred to as a "limited divorce" or "divorce a mensa et thoro" and is often pursued for religious reasons, to maintain certain benefits tied to marital status, or as a step before deciding on a full divorce.

• Example 1: Religious Conviction

  Maria and David have been married for 20 years. Due to significant disagreements and emotional distance, they can no longer live together. However, both are devoutly religious, and their faith prohibits divorce. They could seek a separation from bed and board. This legal action would allow them to live in separate residences, formalize arrangements for their shared assets, and establish child support and custody for their teenage children, all while remaining legally married in the eyes of their faith and the law. They would not be able to remarry, but their living and financial arrangements would be legally binding.

• Example 2: Maintaining Benefits

  Sarah's husband, Tom, is a veteran with comprehensive health benefits that also cover Sarah as his spouse. Sarah has a chronic medical condition, and losing this insurance coverage would be financially devastating. They have decided they cannot continue living together due to irreconcilable differences. Instead of a full divorce, Sarah and Tom could pursue a separation from bed and board. This would allow them to live apart and legally define spousal support and property division, while Sarah could maintain her status as Tom's legal spouse and continue to receive essential health insurance benefits. A full divorce would terminate her eligibility for these benefits.

• Example 3: Trial Separation with Legal Structure

  Michael and Emily are experiencing marital difficulties and believe a period of living apart might help them decide whether to reconcile or proceed with a full divorce. They want legal protection for their children and finances during this trial separation. They could petition for a separation from bed and board. This would provide a court-ordered framework for their temporary living arrangements, including who lives where, how expenses are paid, and a formal schedule for child custody and visitation. This legal structure ensures both parties' rights and responsibilities are clear during this period of uncertainty, without immediately dissolving their marriage.