What Is Bifurcation
Bifurcation is a court order that terminates your marriage and changes your marital status to single, while postponing decisions on property division, spousal support, or both. This splits the divorce into two separate proceedings, allowing the court to grant a Divorce Decree before resolving financial issues.
How Bifurcation Works
When a bifurcation is granted, the court issues an order that declares the marriage dissolved. Your Marital Status immediately changes to divorced, even though property distribution and spousal support remain unresolved. This typically happens in two phases:
- Phase one: The court dissolves the marriage and may address custody arrangements if children are involved
- Phase two: Unresolved financial and support issues are litigated separately, sometimes months or years later
Bifurcation is available in most states but not all. California, Arizona, New Mexico, and Texas explicitly allow bifurcation. States like New York and some others rarely grant it or require specific justification. Your state's statute of limitations on spousal support claims may also affect whether bifurcation benefits you.
When Bifurcation Makes Sense
Attorneys typically request bifurcation in these situations:
- One spouse is hiding assets, making property division impossible to finalize quickly
- A spouse has significant health issues or one spouse wants to remarry for insurance or tax purposes
- Spousal support calculations depend on factors not yet determined, like business valuations
- One party wants to end the marriage but negotiations on support or property are deadlocked
If your case involves a contested family business valuation or pension division, bifurcation can let you move forward with divorce finalization while experts complete discovery.
Potential Downsides
Bifurcation extends litigation costs because you handle financial disputes separately. If support or property division remains open indefinitely, you may face ongoing uncertainty about your financial obligations. Additionally, tax treatment of settlements reached after bifurcation differs from property divisions finalized in the original decree.
Common Questions
Can I remarry after bifurcation? Yes. Once the divorce is finalized and your marital status changes, you can remarry immediately. This is a primary reason some individuals request bifurcation.
Does bifurcation affect child custody decisions? No. Custody arrangements are typically finalized in the first phase along with the marriage dissolution. Only spousal support and property division can be postponed.
What happens to my health insurance after bifurcation? You lose spousal coverage when the marriage is dissolved, even though support issues remain pending. Plan accordingly or secure alternative coverage.