Skip to content

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]

Property system
Equitable

Division under N.J.S.A. 2A:34-23(h), as set out in P.L.2014, c.42[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

  1. 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.

Dividing property in New Jersey? Work it out with a court-listed mediator

A mediator is a neutral who helps you and your spouse reach your own agreement on property, support and parenting time. Every mediator we list comes from an official court or government roster, with the source on the profile.

Get matched — free718 family mediators in New Jersey

More

Compare nearby states

All states on the map →

Divorce in New Jersey

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.

  1. N.J.S.A. 2A:34-23(h), as set out in P.L.2014, c.42 (New Jersey Legislature)pub.njleg.govchecked ↩