New Jersey Marital Settlement Agreement
A New Jersey marital settlement agreement lets divorcing spouses divide their marital property equitably, set alimony, and address custody and child support, then have those terms incorporated into the Final Judgment of Divorce. Attorney review available.
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Introduction
New Jersey replaced permanent alimony with open durational alimony in its 2014 reform (N.J.S.A. 2A:34-23(b)), and a marital settlement agreement is the written contract divorcing spouses use to settle their property, debts, alimony, and (by reference) custody and child support, so the terms can be incorporated into the Final Judgment of Divorce that ends the marriage. New Jersey is an equitable distribution state: on divorce the court divides marital property equitably, meaning fairly but not necessarily equally, weighing the factors in N.J.S.A. 2A:34-23.1, and it has authority to effectuate that distribution under N.J.S.A. 2A:34-23(h). A New Jersey marital settlement agreement lets you set that division yourselves instead of leaving it to the court. New Jersey has no statewide formula for alimony; a court weighs the factors in N.J.S.A. 2A:34-23(b) and may award open durational, rehabilitative, limited duration, or reimbursement alimony (the 2014 reform replaced permanent alimony with open durational alimony). Custody and child support follow the New Jersey Child Support Guidelines (Court Rule 5:6A and Appendix IX), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed, the agreement is incorporated into the Final Judgment of Divorce and enforced as a binding contract. DocDraft builds your New Jersey marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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New Jersey enforces a signed marital settlement agreement as a binding contract once it is incorporated into the Final Judgment of Divorce, and the agreement is the written document divorcing spouses use to settle property and debt division, alimony, and by reference custody and child support so those terms can be made part of the judgment that ends the marriage.
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New Jersey is an equitable distribution state: on divorce the court divides marital property equitably, meaning fairly but not necessarily equally, weighing the factors in N.J.S.A. 2A:34-23.1, and it has authority to effectuate that distribution under N.J.S.A. 2A:34-23(h).
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Equitable does not mean automatic 50/50. A New Jersey marital settlement agreement lets the spouses agree on how to divide marital property and debts themselves, which the court will honor when the agreement is fair and entered into voluntarily.
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New Jersey has no statewide formula for alimony. A court weighs the factors in N.J.S.A. 2A:34-23(b) and may award open durational, rehabilitative, limited duration, or reimbursement alimony. The 2014 reform replaced permanent alimony with open durational alimony.
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For any marriage or civil union of less than 20 years, the total duration of alimony generally cannot exceed the length of the marriage except in exceptional circumstances. In your agreement you can set alimony terms you both accept, subject to the court.
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Child support follows the New Jersey Child Support Guidelines (Court Rule 5:6A and Appendix IX). Parents may agree on an amount, but it stays subject to court approval and follows the guideline; custody and child support remain modifiable and cannot be bargained away.
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Once both spouses sign, the agreement is incorporated into the Final Judgment of Divorce and enforced as a binding contract. New Jersey has no post-filing statutory waiting period, though the no-fault ground of irreconcilable differences requires six months (N.J.S.A. 2A:34-2).
Key decisions before you file
Before you file a Marital Settlement Agreement in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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New Jersey Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
New Jersey is an equitable distribution state. On divorce the court divides marital property equitably, meaning fairly but not necessarily equally, weighing the factors in N.J.S.A. 2A:34-23.1, and it has authority to effectuate that distribution under N.J.S.A. 2A:34-23(h).
Spouses May Agree on the Division
Equitable does not mean an automatic 50/50 split. A New Jersey marital settlement agreement lets the spouses agree on how to divide marital property and debts, and the court will honor a division that is fair and entered into voluntarily.
No Statewide Alimony Formula
New Jersey has no statewide formula for alimony. A court weighs the factors in N.J.S.A. 2A:34-23(b) and may award open durational, rehabilitative, limited duration, or reimbursement alimony. The 2014 reform replaced permanent alimony with open durational alimony.
Alimony Duration Limit Under 20 Years
For any marriage or civil union of less than 20 years, the total duration of alimony generally cannot exceed the length of the marriage except in exceptional circumstances. The parties may set alimony terms they both accept, subject to the court.
Child Support Follows the Guidelines
Child support follows the New Jersey Child Support Guidelines (Court Rule 5:6A and Appendix IX). The guideline amount is presumed correct, and a court may deviate only for good cause. Parents may agree on an amount, but only subject to court approval.
Custody and Child Support Stay Modifiable
Custody and child support terms in a New Jersey marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A New Jersey marital settlement agreement must be in writing and signed by both spouses. No New Jersey statute requires notarization, but signing before a notary is common practice and can help prove the signatures are genuine.
Incorporation Into the Final Judgment
Once signed, the agreement is incorporated into the Final Judgment of Divorce, which makes its terms enforceable as a court order. New Jersey courts have a strong policy of upholding agreements that are fair and voluntary, but the court must still review and enter the judgment.