Miscellaneous

New Jersey Veterans and Military Spouses Asset Protection Act

Since January 2026 the primary home and one second home of a veteran, service member or military spouse are exempt from creditors without any value limit, along with retirement accounts, pensions and disability and veterans' benefits, and one vehicle up to $30,000. New Jersey gives no homestead exemption to anyone else.

Also called: N.J.S.A. 2A:17-17.4, N.J.S.A. 2A:17-17.5, P.L.2025, c.326, homestead exemption, bankruptcy, creditor protection, military spouse, secondary residence.

For: Veteran or service member, spouse, survivor.

Where it applies

Written for the jurisdictions listed here.

P.L.2025, c.326, the New Jersey Veterans and Military Spouses Asset Protection Act, approved January 20, 2026, is the only homestead exemption in New Jersey law. Its own findings say "The State currently does not provide a homestead exemption". Who. A "veteran", meaning a person honorably discharged from any branch of the Armed Forces including the National Guard and reserves; a "service member" currently serving in any of them; and a "military spouse", the spouse or surviving spouse of either (N.J.S.A. 2A:17-17.3). There is no period of service and no disability test. A general discharge under honorable conditions is not mentioned; the statute says "honorably discharged". The homes. N.J.S.A. 2A:17-17.4 exempts the primary residence and one secondary residence, a seasonal, family or retirement home, "from levy, execution, attachment, or forced sale for the payment of debts, judgments, or other claims or creditors", "without a limitation of value", if ownership of both is recorded with the county clerk. Property held jointly with the military spouse is fully protected for both, and the protection continues for a surviving spouse who keeps ownership. Everything else. N.J.S.A. 2A:17-17.5 exempts "retirement accounts, pensions, disability benefits, and veterans' benefits" from creditor claims, and one motor vehicle per household up to a fair market value of $30,000. What it does not stop. Mortgages and other voluntary liens, taxes and other debts owed to government, and judgments arising from the debtor's willful misconduct, fraud or crime. Any levy or sale in breach of the act is void, and it is in addition to the federal Servicemembers Civil Relief Act. When it applies. The act took effect on approval, is retroactive to January 1, 2025, and applies only to debts incurred or claims filed on or after that date. It does not disturb a final judgment entered before January 20, 2026. In bankruptcy, a New Jersey debtor who uses state exemptions instead of the federal ones can now protect a home that the federal homestead exemption would not.

Thresholds

Thresholds for New Jersey Veterans and Military Spouses Asset Protection Act
GateRule
Honorably discharged veteran, current service member, or the spouse or surviving spouse of eitherN.J.S.A. 2A:17-17.3.
Debts incurred or claims filed on or after January 1, 2025P.L.2025, c.326, s.7.

Sources

Legislation

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P.L.2025, c.326 (S4858 1R) Gave veterans, service members and military spouses an unlimited homestead exemption on two homes and protected their pensions, benefits and one vehicle from creditors

Catalog reconciledEnactedProgram created

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Exempts a veteran's, service member's or military spouse's two homes, pensions, benefits and one vehicle from creditors.

Enacted the New Jersey Veterans and Military Spouses Asset Protection Act, N.J.S.A. 2A:17-17.1 to 2A:17-17.6. The primary residence and one secondary residence of an honorably discharged veteran, a current service member or the spouse or surviving spouse of either are exempt from levy, execution and forced sale without a value limit if ownership is recorded, and retirement accounts, pensions, disability and veterans' benefits and one vehicle worth up to $30,000 are exempt from creditor claims. Mortgages, government debts and judgments for fraud or crime are excepted. Approved January 20, 2026, effective immediately and retroactive to January 1, 2025 for debts incurred or claims filed on or after that date.

Sponsors

  • Vin GopalSenate, District 11
  • Raj MukherjiSenate, District 32

And 3 more sponsors and 4 co-sponsors

Touches N.J.S.A. 2A:17-17.3 · N.J.S.A. 2A:17-17.4 · N.J.S.A. 2A:17-17.5

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.