A New Jersey divorce settlement agreement is a written document in which spouses set out how they will divide property and debts and handle support and parenting. Is NJ a community property state? No. The court may order an equitable distribution of the property acquired during the marriage or civil union.[1.2] Create a free marital settlement agreement below, or download the PDF.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current New Jersey law. If you notice an error or outdated information, please contact us.
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New Jersey divorce law centers on equitable distribution, which means the court divides property acquired during the marriage or civil union using a list of statutory factors.[1.2] A written settlement agreement lets spouses settle those questions themselves. This section explains the state law that applies to property, child support, and separation.
The divorce statute, N.J.S.A. 2A:34-23 / 2A:34-23.1, gives the court the power to divide property between the spouses. Its wording is below.
In all actions where a judgment of divorce, dissolution of civil union, or divorce from bed and board is entered 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.
In plain terms, the court divides the real and personal property that either spouse acquired during the marriage or civil union. It weighs the factors listed below to reach a fair result.
Some property stays outside the split. Property that either spouse acquired during the marriage by gift, devise, or intestate succession is not subject to equitable distribution. Gifts between spouses, or between civil union partners, are the exception and remain subject to it.[1.2]
A devise is property left to someone in a will. You can write one with a New Jersey will template. Intestate succession is inheritance when there is no will.
When the court makes an equitable distribution of property, it considers the statutory factors below.[1.2]
Popular Local Marital Settlement Agreement Forms
Even though it is not required to create a marital settlement agreement, this document may offer you several benefits: far more confidence after the divorce and a lot less pain during the hearing. Here’s a number of such local agreements Googled the most by our readers.
The statute also sets ground rules for how the court reaches a result.[1.2]
Child support orders remain subject to modification by the court. The statute says orders made under it may be revised and altered by the court from time to time as circumstances may require, so the court can modify them.[1.1] The same statute refers to alimony and maintenance as awards the court may make in addition to the property division.[1.2]
A shared-parenting child support award is not automatic in New Jersey. The child support guidelines in Appendix IX-A of the Rules of Court allow the court to calculate one only when set criteria are met, including a parenting plan filed with or ordered by the court and a child who spends at least 28 percent of the time with the other parent. Even then, the award is not presumptive, and the court decides whether it fits the family.[2.1]
The same property rules apply when a judgment of divorce, dissolution of civil union, or divorce from bed and board is entered.[1.2] A written agreement can record the terms spouses settle before that point. Ask the court or a family law attorney which type of action fits your situation.
The FormsPal PDF is titled New Jersey Marital Separation Agreement and runs eight pages. It has numbered sections for the financial, parenting, and support terms spouses usually settle, followed by signature lines and an acknowledgment block. You answer a few questions in the online builder, then download and print the result.
Read the whole form with your spouse before anyone signs. Settle the hardest issues, such as children, support, and the family home, while the draft can still change.
After you download the PDF, you can fill in or edit it with the FormsPal PDF editor. If a clause is unclear, Chat with PDF lets you ask questions about the file.
The divorce process varies from court to court and from case to case. The steps below describe a general path for spouses who agree on the terms and want a written record of them.
These answers come from the New Jersey equitable distribution statute, N.J.S.A. 2A:34-23 and 2A:34-23.1. They cover how property is divided, which assets stay outside the split, and what the law says about the family home. They are general information, not advice for your situation.
No. New Jersey law divides marital property by equitable distribution, not by community property rules. The statute lets the court make awards to effectuate an equitable distribution of the property, both real and personal, that either spouse acquired during the marriage or civil union.[1.2]
The court weighs the factors the statute lists.[1.2] Examples include:
The court may divide the real and personal property that either spouse legally and beneficially acquired during the marriage or civil union.[1.2] Real property is land and buildings. Personal property is everything else the spouses own.
Property that either spouse acquired during the marriage in one of these ways is not subject to equitable distribution:
Gifts between spouses, or between civil union partners, are the exception and remain subject to it.[1.2]
The court weighs the listed factors.[1.2] One of them is the need of a parent with physical custody of a child to own or occupy the marital residence and to use or own the household effects.
Spouses can put their own terms in writing. The statute recognizes a validly executed marital settlement agreement on divorce, dissolution of a civil union, termination of a domestic partnership, or divorce from bed and board.[1.2] Signing requirements are not covered here, so check them with the court or an attorney before you sign.
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General information, not legal or tax advice.
Every legal statement on this page comes from the sources listed below. Each bracketed number in the text points to the part of the source that supports the sentence before it. Check the current text of each source before you rely on it.
