New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 8-1

a. If 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.

b. For 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.