Section 3B:8-1 - Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditionsa. 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.Amended by L. 2023, c. 238, s. 4, eff. 1/8/2024.Amended by L. 2005, c. 331, s. 7, eff. 1/12/2006.L.1981, c.405, s.3B:8-1, eff. May 1, 1982.