New Jersey courts prioritize the child’s best interests in divorce cases, favoring shared custody arrangements unless extraordinary circumstances like abuse exist, while alimony and property decisions follow equitable principles based on statutory factors. Recent 2026 legislation emphasizes child safety, welfare, and preferences in custody disputes.
Child Custody
Courts presume equal parental rights and often award joint legal and physical custody to promote frequent contact with both parents. Key factors include parents’ communication ability, child-parent relationships, domestic violence history, child’s preference if mature enough, home stability, and geographical proximity. A January 2026 law (S4510) elevates child safety as paramount and requires considering the child’s expressed wishes, potentially involving them more directly in decisions.
Alimony Rules
Alimony types include open durational (for longer marriages), limited duration (generally not exceeding marriage length under 20 years), rehabilitative, and reimbursement. Courts weigh factors like need and payment ability, marriage duration, health, earning capacities, standard of living, and parental duties. Modifications are possible for changes like retirement or cohabitation, with presumptions for termination at full retirement age.
Property Division
New Jersey uses equitable distribution, dividing marital assets fairly but not necessarily equally. Judges consider marriage length, ages and health, incomes brought to marriage, earning power, standard of living, and child support needs. Separate property like gifts or inheritances is excluded unless interspousal.
Court Decision Process
Decisions stem from statutes like N.J.S.A. 9:2-4 for custody and 2A:34-23 for alimony and support, with courts making specific findings on relevant factors. Parents can submit agreed plans, prioritized unless harmful to the child; otherwise, courts intervene based on evidence. Outcomes aim for fairness, child welfare, and comparable living standards post-divorce.
