{"data":{"id":"us-nj/n.j.-stat.-3b-8-1","jurisdiction":"us-nj","citation":"N.J. Stat. § 3B:8-1","heading":"Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditions.","body":"Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.\na.\tIf a married person, partner in a civil union, or person in a domestic partnership dies domiciled in this State, the surviving spouse, partner in a civil union, or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, unless either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.\nb.\tFor purposes of this section \"surviving spouse, partner in a civil union, or domestic partnership\" shall not include those individuals described pursuant to subsection d. of N.J.S.3B:5-3.\nAmended 2005, c.331, s.7; 2023, c.238, s.4.","path":["TITLE 3B ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"704b6a57d84a965060b4ac2c45124e014aa9fe67e3600e29142ca1bfb23da41c","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-3b-7-7","next":"us-nj/n.j.-stat.-3b-8-2"},"notice":"GroundRules: Original legal text. Not legal advice."}