When you get married, property acquired during the marriage is generally called "marital property." In contrast, property that is acquired by one spouse before marriage, as a gift, or as an inheritance, is referred to as “separate property.” This property remains separate upon a divorce, and the court will not distribute this property to the other spouse. The concept of marital property really only becomes relevant when a couple gets divorced, as it hits at the center of a main source of conflict -- who gets what after the divorce?
Marital and Community Property Basics
A few states recognize the concept of "community property," in which all property is considered to be jointly owned and subject to an even split, but most states (including New Jersey) do not. Instead, New Jersey follows a system of equitable distribution in which the court divides up assets in a manner it deems to be fair and reasonable. This may or may not consist of a 50/50 split of assets, depending on whether each party's interests are equitably represented.
For instance, a stay-at-home parent in New Jersey contributes a great deal for the family (and in support of their spouse) but isn't paid for this work. Equitable distribution states such as New Jersey recognize this when deciding, for example, who gets the house.
New Jersey Marital Property Laws at a Glance
Divorce often is an adversarial process benefitting from legal counsel, who can best explain the finer points of New Jersey family law. However, the following chart highlights important details of the Garden State's marital property laws in plain English.
Statute |
New Jersey Statutes: Title 2A, Section 34-23h |
Statutory Definition of Marital Property |
Under New Jersey law, marital property includes all property, both real and personal, which was legally and beneficially acquired by either of them during the marriage. This excludes any gifts (unless given to one spouse from the other) or inheritances. |
Dower and Curtesy |
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Factors Considered Relevant to the Equitable Distribution of Property |
New Jersey courts don't automatically split marital property down the middle, but use an equitable distribution system that considers the following factors:
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How New Jersey Courts Determine What is Equitable |
The court will distribute property after conducting a 3-step process:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
New Jersey Marital Property Laws: Related Resources
Getting Divorced in New Jersey? An Attorney Can Help
In addition to any children you may have had together, parties to a divorce will have to sort out who gets what when you go your separate ways. This process can get quite complicated but generally works out smoothly when you have the right help. Contact an experienced New Jersey divorce attorney today for help with your case.
