The Sixteen Factors of New Jersey Equitable Distribution
New Jersey courts divide marital property after weighing sixteen factors, including the length of the marriage, ages and health, earning capacity, contributions and dissipation, taxes, the marital home, debts and deferred career goals, and must make specific findings.
The sixteen factors
In making an equitable distribution, the court shall consider, but is not limited to (N.J.S.A. 2A:34-23.1):
| Factor | |
|---|---|
| a | The duration of the marriage or civil union |
| b | The age and physical and emotional health of the parties |
| c | The income or property brought to the marriage by each party |
| d | The standard of living established during the marriage |
| e | Any written agreement made by the parties before or during the marriage concerning property distribution |
| f | The economic circumstances of each party when the division becomes effective |
| g | The income and earning capacity of each party, including education, training, skills, work experience, time out of the job market and custodial responsibilities |
| h | The contribution by each party to the education, training or earning power of the other |
| i | The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation of marital property, including as a homemaker |
| j | The tax consequences of the proposed distribution to each party |
| k | The present value of the property |
| l | The need of a parent with physical custody to own or occupy the marital residence and household effects |
| m | The debts and liabilities of the parties |
| n | The need for a trust fund to secure reasonably foreseeable medical or educational costs of a spouse or children |
| o | The extent to which a party deferred achieving career goals |
| p | Any other factors the court may deem relevant |
Specific findings
In every case the court shall make specific findings of fact on the evidence relevant to all issues pertaining to asset eligibility or ineligibility, asset valuation and equitable distribution, including the factors.
Dissipation and contribution
Factor (i) lets the court weigh a spouse’s waste or dissipation of marital assets and a spouse’s contribution as a homemaker.
Debts
Debts and liabilities are a factor, so the division covers what the spouses owe as well as what they own.
Evidence to gather
Appraisals, account and retirement statements, tax advice on the proposed division, records of contributions and records of any dissipated assets.
Questions to bring to an attorney
Ask which factors apply to you and what findings the court is likely to make.
Next steps
Ask a licensed New Jersey attorney which factors fit your facts and test shares in the New Jersey property division calculator.
Frequently asked questions
How many factors does New Jersey use for equitable distribution?
Sixteen, listed in N.J.S.A. 2A:34-23.1, including a catch-all.
Does a New Jersey court consider taxes in dividing property?
Yes. The tax consequences of the proposed distribution to each party are a factor.
Is a homemaker’s contribution counted in New Jersey?
Yes, as a contribution to the acquisition and preservation of marital property.
Is dissipation of assets considered in New Jersey?
Yes, under the contribution factor, which includes dissipation.
Must a New Jersey court make findings on property?
Yes, specific findings of fact on eligibility, valuation and distribution.
Official sources
- N.J.S.A. 2A:34-23(h): equitable distribution of property
- N.J.S.A. 2A:34-23.1: equitable distribution criteria (L.1997, c.407)
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Jersey statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Jersey attorney.