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
aThe duration of the marriage or civil union
bThe age and physical and emotional health of the parties
cThe income or property brought to the marriage by each party
dThe standard of living established during the marriage
eAny written agreement made by the parties before or during the marriage concerning property distribution
fThe economic circumstances of each party when the division becomes effective
gThe income and earning capacity of each party, including education, training, skills, work experience, time out of the job market and custodial responsibilities
hThe contribution by each party to the education, training or earning power of the other
iThe contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation of marital property, including as a homemaker
jThe tax consequences of the proposed distribution to each party
kThe present value of the property
lThe need of a parent with physical custody to own or occupy the marital residence and household effects
mThe debts and liabilities of the parties
nThe need for a trust fund to secure reasonably foreseeable medical or educational costs of a spouse or children
oThe extent to which a party deferred achieving career goals
pAny 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

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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.