Former Trump personal lawyer Alina Habba and millionaire husband Gregg Reuben finalized a separation agreement on February 2, 2026, and filed for divorce in New Jersey on February 12, 2026, ending nearly six years of marriage. The quiet filing, first reported by TMZ, highlights how New Jersey's uncontested divorce process allows high-profile couples to dissolve marriages with minimal public exposure.
Key Facts
| Detail | Information |
|---|---|
| Who | Alina Habba (ex-interim U.S. Attorney for NJ) and Gregg Reuben |
| What | Separation agreement signed, divorce filed in New Jersey |
| When | Agreement signed Feb 2, 2026; filed Feb 12, 2026 |
| Where | Filed in New Jersey; Habba relocated to Palm Beach, FL |
| Key statute | N.J.S.A. § 2A:34-23 (equitable distribution) |
| Impact | Demonstrates how NJ separation agreements streamline high-asset divorces |
Why This Matters Legally
The 10-day gap between signing a separation agreement and filing for divorce is a textbook example of how New Jersey's uncontested divorce framework operates for couples who resolve their disputes privately. When both spouses agree on every term before filing, the court's role shrinks to a review-and-approve function rather than an adversarial proceeding.
New Jersey became a pure no-fault divorce state in 2007 when the legislature added "irreconcilable differences" as a standalone ground under N.J.S.A. § 2A:34-2. Before that change, couples needed to allege specific fault grounds like adultery or desertion. Today, roughly 95% of New Jersey divorces are filed on no-fault grounds, according to New Jersey Courts data.
For high-net-worth couples like Habba and Reuben, a pre-negotiated separation agreement is the preferred approach because it keeps financial details out of open court records. New Jersey court rules permit sealed filings in limited circumstances, but the separation agreement itself becomes part of the divorce judgment under N.J.S.A. § 2A:34-23, which governs equitable distribution of marital assets.
How New Jersey Law Handles This
New Jersey requires at least one spouse to have been a resident for 12 consecutive months before filing, per N.J.S.A. § 2A:34-10. The Habba-Reuben filing in New Jersey confirms at least one party met this residency threshold as of the February 12 filing date, even though Habba has since relocated to Palm Beach.
Once a separation agreement is signed, the uncontested divorce process in New Jersey typically moves quickly. The filing spouse submits the agreement along with the complaint for divorce, and a judge reviews the terms for basic fairness. There is no mandatory waiting period for no-fault divorces filed under irreconcilable differences, though the statute requires the differences to have lasted at least six months under N.J.S.A. § 2A:34-2.
New Jersey follows equitable distribution, not community property. Under N.J.S.A. § 2A:34-23.1, courts consider 16 statutory factors when dividing marital property, including the duration of the marriage, each spouse's income and earning capacity, and contributions to marital assets. For a marriage of nearly six years involving a millionaire spouse and a high-profile attorney, the division likely involved significant negotiation over real estate, investment accounts, and retirement assets.
Alimony considerations also come into play. New Jersey's 2014 alimony reform, codified at N.J.S.A. § 2A:34-23, established that marriages lasting fewer than 20 years generally do not qualify for open-durational (formerly "permanent") alimony. For a six-year marriage, any alimony award would typically be limited-duration, capped at the length of the marriage itself. Given that both parties appear to have substantial independent income, alimony may not have been a significant factor in their agreement.
The Relocation Factor
Habba's move to Palm Beach with her children raises an important legal point. Under N.J.S.A. § 9:2-2, a custodial parent in New Jersey must obtain either the other parent's written consent or a court order before relocating children out of state. The fact that the relocation happened in conjunction with the separation agreement suggests Reuben consented to the move as part of the negotiated terms.
New Jersey courts apply the standard set forth in Baures v. Lewis (2001), which requires the relocating parent to show a good-faith reason for the move and that the move will not be inimical to the children's best interests. When relocation is part of a consent agreement, courts generally defer to the parents' judgment.
Practical Takeaways
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Separation agreements negotiated before filing dramatically reduce the cost and timeline of divorce in New Jersey. Couples who reach full agreement on property, custody, and support can often finalize within 6 to 12 weeks of filing, compared to 12 to 18 months for contested cases.
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New Jersey's 12-month residency requirement under N.J.S.A. § 2A:34-10 means you must plan ahead if you are considering relocating before filing. Filing in New Jersey while meeting the residency threshold, then moving afterward, is the standard approach.
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Out-of-state relocation with children requires either consent or a court order under N.J.S.A. § 9:2-2. Including relocation terms in your separation agreement avoids a separate, contested relocation hearing.
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High-net-worth divorces benefit from private negotiation over courtroom litigation. Mediation and collaborative divorce processes keep financial details confidential in ways that contested litigation cannot.
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For marriages under 20 years, New Jersey limits alimony duration. A six-year marriage typically results in limited-duration alimony of no more than six years, if alimony is awarded at all.
Frequently Asked Questions
How long does an uncontested divorce take in New Jersey?
An uncontested divorce in New Jersey with a signed separation agreement typically finalizes within 6 to 12 weeks of filing. There is no mandatory waiting period for no-fault filings under N.J.S.A. § 2A:34-2, though the irreconcilable differences must have existed for at least six months before filing.
Can you move out of New Jersey with your children during a divorce?
New Jersey law under N.J.S.A. § 9:2-2 requires written consent from the other parent or a court order before relocating children out of state. Including relocation terms in a separation agreement satisfies this requirement without a separate court motion, as the Habba-Reuben filing appears to demonstrate.
Is a separation agreement legally binding in New Jersey?
A separation agreement becomes legally binding in New Jersey once both parties sign it voluntarily with full financial disclosure. When incorporated into a final judgment of divorce, the agreement becomes enforceable as a court order under N.J.S.A. § 2A:34-23. Courts can only set aside agreements obtained through fraud, duress, or unconscionability.
How does New Jersey divide assets in a high-net-worth divorce?
New Jersey uses equitable distribution under N.J.S.A. § 2A:34-23.1, applying 16 statutory factors to divide marital property fairly, though not necessarily equally. For high-net-worth couples, this involves valuation of real estate, business interests, investment portfolios, and retirement accounts, often requiring forensic accountants and financial experts.
Does New Jersey require you to be separated before filing for divorce?
New Jersey does not require a formal separation period before filing for divorce. Unlike states such as North Carolina (which requires 12 months of separation), New Jersey allows spouses to file immediately under the no-fault irreconcilable differences ground, provided those differences have existed for at least six months per N.J.S.A. § 2A:34-2.
If you are considering divorce in New Jersey and want to understand how separation agreements, property division, or interstate relocation might apply to your situation, speaking with a local family law attorney is the best first step.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.