{"id":375037,"date":"2016-03-31T21:35:59","date_gmt":"2016-04-01T02:35:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-marital-property-laws.html"},"modified":"2024-06-27T14:38:16","modified_gmt":"2024-06-27T19:38:16","slug":"new-jersey-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-marital-property-laws.html","title":{"rendered":"New Jersey Marital Property Laws"},"content":{"rendered":"\n
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New Jersey Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New Jersey is an equitable distribution state. In New Jersey, all property acquired by the spouses during the marriage is marital property<\/a> and belongs to both spouses equally. Most states use the principle of equitable distribution during divorce proceedings. In New Jersey, courts divide marital property according to the parties’ needs rather than equally.<\/p>\r\n

A few states, like California and Texas, are community property<\/a> states. In these states, marital property gets split 50\/50. Each spouse gets an equal share of the value of the marital assets.<\/p>\r\n

Every state has its own laws regarding the division of assets during divorce. New Jersey’s marital property laws consider several factors during property division. If a couple has a prenuptial agreement or other written agreements, the court will accept them as long as they conform to other New Jersey statutes.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Marital property<\/b> is all property and assets acquired by either spouse during the marriage. New Jersey law presumes that all property acquired during the marriage, regardless of who obtained it, is intended for use by the marital estate. Besides the family home and joint bank accounts, marital property includes:<\/p>\r\n