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New Jersey

JURISDICTIONAL END OF MARRIAGE DATE: Date of Complaint. If there is no Complaint Date use current date.

STATE TYPE FOR PENSION EVALUATION: New Jersey is an "equitable distribution" state. New Jersey is an equitable distribution state in which the court, if the parties have not entered into a settlement agreement, will divide the marital property equitably between the parties, taking into consideration many factors such as; the duration of the marriage, the standard of living established in the marriage, etc.

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].


N.J. STAT. ANN. § 2A:34-23

Alimony, maintenance

Pending any matrimonial action brought in this State or elsewhere, orafter judgment of divorce or maintenance, whether obtained in this Stateor elsewhere, the court may make such order as to the alimony ormaintenance of the parties, and also as to the care, custody, educationand maintenance of the children, or any of them, as the circumstances ofthe parties and the nature of the case shall render fit, reasonable andjust, and require reasonable security for the due observance of suchorders, including, but not limited to, the creation of trusts or othersecurity devices, to assure payment of reasonably foreseeable medical andeducational expenses. Upon neglect or refusal to give such reasonablesecurity, as shall be required, or upon default in complying with anysuch order, the court may award and issue process for the immediatesequestration of the personal estate, and the rents and profits of thereal estate of the party so charged, and appoint a receiver thereof, andcause such personal estate and the rents and profits of such realestate, or so much thereof as shall be necessary, to be applied towardsuch alimony and maintenance as to the said court shall from time to timeseem reasonable and just; or the performance of the said orders may beenforced by other ways according to the practice of the court. Orders somade may be revised and altered by the court from time to time ascircumstances may require.

The court may order one party to pay a retainer on behalf of the otherfor expert and legal services when the respective financial circumstancesof the parties make the award reasonable and just. In considering anapplication, the court shall review the financial capacity of each partyto conduct the litigation and the criteria for award of counsel fees thatare then pertinent as set forth by court rule. Whenever any otherapplication is made to a court which includes an application for pendentelite or final award of counsel fees, the court shall determine theappropriate award for counsel fees, if any, at the same time that adecision is rendered on the other issue then before the court and shallconsider the factors set forth in the court rule on counsel fees, thefinancial circumstances of the parties, and the good or bad faith ofeither party.

* * *

h. In all actions where a judgment of divorce or divorce from bed andboard is entered the court may make such award or awards to the parties,in addition to alimony and maintenance, to effectuate an equitabledistribution of the property, both real and personal, which was legallyand beneficially acquired by them or either of them during the marriage.However, all such property, real, personal or otherwise, legally orbeneficially acquired during the marriage by either party by way ofgift, devise, or intestate succession shall not be subject to equitabledistribution, except that interspousal gifts shall be subject toequitable distribution.

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