Is New Jersey a community property state?
No. New Jersey is not a community property state. The court may make awards to achieve an equitable distribution of property acquired by either spouse during the marriage; property received by gift, devise or inheritance (other than gifts between spouses) is not subject to distribution.[1]
- At divorce
- Equitable distribution
The court sets the split under this standard · N.J.S.A. 2A:34-23(h), as set out in P.L.2014, c.42[1]
What New Jersey’s statutes say
Dividing property at divorce
On divorce the court may make awards to effect an equitable distribution of property acquired by either spouse during the marriage or civil union.[1]
“the court may make such award or awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage or civil union.”[1]
N.J.S.A. 2A:34-23(h), as set out in P.L.2014, c.42 · checked October 26, 2026
We didn’t find a statutory definition of marital or separate property in the New Jersey text we read, so none is quoted here.
Not legal advice. Plain-English summaries of New Jersey’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in New Jersey.
More
Compare nearby states
- Delaware · equitable distribution
- New York · not verified yet
- Pennsylvania · equitable distribution
Sources
New Jersey’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.