3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.

3B:8-1 Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.


If a married person or person in a domestic partnership dies domiciled in this State, on or after May 28, 1980, the surviving spouse 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, provided that at the time of death the decedent and the surviving spouse or domestic partner had not been living separate and apart in different habitations or had not ceased to cohabit as man and wife, either as the result of judgment of divorce from bed and board or under circumstances which would have given rise to a cause of action for divorce or nullity of marriage to a decedent prior to his death under the laws of this State.

Amended 2005, c.331, s.7.