Divorce after 50 in New Jersey
Not necessarily. New Jersey judges divide property acquired during the marriage in a way they decide is fair, after weighing a list of factors, with no rule that it is split 50/50.
How long it takes
- Living in the state before you file
- 1 year
- Not required for a divorce on the ground of adultery.
- N.J.S.A. 2A:34-10
- Wait after filing
- None
- A no-fault divorce needs six months of irreconcilable differences first. One based on separation needs 18 months apart.
- N.J.S.A. 2A:34-2
Retirement accounts
In New Jersey, retirement benefits built up during the marriage can be divided as part of the property split, and a share you receive that way is not counted again as income when alimony is set.
N.J.S.A. 2A:34-23(b), (h) How a 401(k), IRA or pension is dividedAlimony
Decided on factors
New Jersey has no formula for alimony: the judge weighs a list of factors, starting with what each spouse actually needs and can afford to pay.
N.J.S.A. 2A:34-23(b)Keep the house, or the 401(k)?
The two are rarely worth the same once selling costs and tax are counted. Put in three figures and see both sides, today and in ten years.
Questions about New Jersey
Is New Jersey a 50/50 divorce state?
Not necessarily. New Jersey judges divide property acquired during the marriage in a way they decide is fair, after weighing a list of factors, with no rule that it is split 50/50.
Is New Jersey a community property state?
No. New Jersey uses equitable distribution. Property acquired during the marriage is divided fairly, which need not mean equally. The court weighs the length of the marriage, each spouse’s earnings and contributions, and their needs after the divorce.
How are retirement accounts divided in a New Jersey divorce?
In New Jersey, retirement benefits built up during the marriage can be divided as part of the property split, and a share you receive that way is not counted again as income when alimony is set.
This is a modelled estimate from the figures you entered and the assumptions shown above. It is not legal, tax or financial advice. Divorce law and tax treatment vary by state and by your circumstances; check the result with a lawyer or a divorce financial specialist before acting on it.
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