New Jersey Property Distribution Laws

New Jersey Property Distribution Laws

New Jersey Property Distribution

In a New Jersey divorce, each party will retain any property acquired before the marriage and any property acquired by gift or inheritance. All other property will be divided equitably in a New Jersey divorce based on the following factors:
  • the value of each spouse's marital property; 

  • the value of the separate property of the spouses;

  • the length of the marriage; 

  • the age and health of the spouses; 

  • the amount and sources of income of the spouses; 

  • the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

  • the standard of living established during the marriage; 

  • how and by whom the property was acquired; 

  • the tax consequences to each spouse; 

  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; 

  • the economic circumstances of each spouse at the time the division of property is to become effective;

  • any written agreement between the spouses;

  • the income and earning capacity of the spouses;

  • the educational background, training, employment skills of the spouses; 

  • any custodial responsibilities; 

  • the length of absence from the job market;

  • the time and expense necessary to enable the spouse to acquire sufficient education or training to enable the spouse to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;

  • the need for the parent with custody of any children to own or occupy the marital residence;

  • the need to create a trust fund for the future medical or educational needs of a spouse or children; 

  • contribution by each party to the education, training or earning power of the other; 

  • the extend to which a party deferred achieving his or her career goals; and 

  • any other factor necessary to do equity and justice between the spouses.

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