Rule 5:6-7.Separate Maintenance

Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:6-7 makes a separate maintenance action summary unless the Presiding Judge says otherwise, and transfers the case straight to the dissolution docket the moment a counterclaim for divorce appears.

Full Text of Rule 5:6-7

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An action for separate maintenance pursuant to N.J.S.A. 2A:34-24 shall be brought as a summary action unless designated as non-summary in nature by the Family Part Presiding Judge. When the response to the original Complaint for Separate Maintenance contains a counterclaim for divorce, dissolution of civil union or termination of domestic partnership, the action shall immediately be transferred to the dissolution (FM) docket without the need for a formal motion.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted July 28, 2004 to be effective September 1, 2004; amended July 21, 2011 to be effective September 1, 2011.

Plain-English Summary

Separate maintenance is the remedy for a spouse who needs support without ending the marriage. It is brought as a summary action unless the Family Part Presiding Judge designates it non-summary in nature.

The transfer provision is the practical heart of the rule. Once the response to the complaint contains a counterclaim for divorce, dissolution of civil union or termination of domestic partnership, the case is no longer really about maintenance — so it moves immediately to the dissolution docket, and the rule says this happens without the need for a formal motion.

Frequently Asked Questions

Is separate maintenance a summary action?

Yes, unless the Family Part Presiding Judge designates it as non-summary in nature.

What happens if my spouse counterclaims for divorce?

The action is immediately transferred to the dissolution docket, and the rule provides that this happens without the need for a formal motion.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:6-7). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: separate maintenancesupport without divorcespousal support no divorcelimited divorce