Do I Need an Affidavit of Insurance for an Uncontested Divorce in New Jersey?

The General Rule: R. 5:4-2(f)

New Jersey Court Rule 5:4-2(f) requires that the first pleading filed by each party in a divorce action include an affidavit or certification listing all known insurance coverage — life, health, automobile, homeowner's, renter's, umbrella, long-term care, and disability insurance. The affidavit must identify the insurance company, policy number, named insured, covered persons, coverage description, policy term, and whether any coverage was canceled or modified in the 90 days before the filing.

The purpose of this requirement is to preserve the status quo. Once insurance is disclosed, the rule mandates that all identified coverage be maintained pending further order of the court. This prevents one spouse from retaliating by dropping the other from health insurance or canceling policies during litigation.

The Exception: Dissolution-Only Cases

The same rule — R. 5:4-2(f) — contains an explicit exception. If the only relief sought is dissolution of the marriage (or civil union, or domestic partnership), or if the parties have already reached a settlement agreement addressing insurance coverage, the full insurance affidavit is not required.

Instead, the parties file a short affidavit or certification stating that the only relief sought is dissolution. This substitute affidavit takes the place of the full insurance certification.

What the Rule Actually Says

“If, however, the only relief sought is dissolution of the marriage or civil union, or a termination of a domestic partnership, or if a settlement agreement addressing insurance coverage has already been reached, the parties shall annex to their pleadings, in lieu of the required insurance affidavit, an affidavit so stating.”

— N.J. Court Rule 5:4-2(f)

The key phrase is “in lieu of.” The rule does not say you can skip the filing entirely — it says you file a different, shorterdocument that certifies the only relief you are seeking is dissolution. This satisfies the court's requirement without disclosing all insurance details.

Why This Matters for Uncontested Divorces

DivorceGPT handles uncontested divorces in New Jersey where neither party is seeking alimony, equitable distribution, child support, or any other financial relief — only the legal dissolution of the marriage. These cases fall squarely within the R. 5:4-2(f) exception.

That means you do not need to gather all of your insurance policy numbers, coverage details, and beneficiary information to file. You need only certify that dissolution is the sole relief sought. DivorceGPT's Complaint for Divorce and accompanying certifications are drafted to reflect this.

When the Full Affidavit Is Required

The exception only applies when dissolution is the sole relief sought. If either party requests financial relief — alimony, equitable distribution of assets, child support, or counsel fees — the full insurance affidavit is required. Under the rule, if the responding party (the defendant) seeks financial relief in their answer or counterclaim, the responding party must file the insurance affidavit and the plaintiff must do the same within 20 days.

This is one reason DivorceGPT disqualifies cases that involve financial claims. The moment alimony or equitable distribution enters the picture, the procedural requirements — including the insurance affidavit — become significantly more complex.

Common Misconception

Many guides — including some court websites and self-help resources — list the Certification of Insurance Coverage as a required filing for all divorce cases. This is understandable because it is the general rule. But the exception for dissolution-only cases is written directly into R. 5:4-2(f) and is routinely applied by the courts. If you are filing for a simple, uncontested divorce with no financial claims, you do not need the full insurance certification. You file the substitute affidavit instead.

Disclaimer: This guide is published by DivorceGPT, a product of June Guided Solutions, LLC, for educational purposes only. It does not constitute legal advice. Court rules and local practices vary by county and can change. If you have questions about your specific situation, consult a licensed attorney in New Jersey. You can find one through the New Jersey State Bar Association Lawyer Referral Service.