New Hampshire Divorce Property Division

What the Law Says

New Hampshire courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. In New Hampshire, an equal division is the statutory starting point, adjustable under the factors below.

New Hampshire presumes an equal division is equitable: RSA 458:16-a II states the court “shall presume that an equal division is an equitable distribution,” rebuttable after weighing fifteen enumerated deviation factors — the duration of the marriage; each party's age, health, social or economic status, occupation, vocational skills, employability, separate property, income, needs, and liabilities; future acquisition opportunity; a custodial parent's ability to work and need for the family residence; actions affecting the growth or diminution of property value; disparity in contributions, including homemaking and child care; contributions to the other's career and career interruptions; pension expectations; tax consequences; prenuptial allocations; fault that caused the breakdown and substantial suffering or economic loss; the value of pre-marriage property and gifts or inheritances; homestead needs; and any other relevant factor. The divisible estate reaches all property belonging to either or both parties (RSA 458:16-a I).

Division Factors (N.H. Rev. Stat. §458:16-a)

What New Hampshire courts weigh:

1. Duration of the marriage (RSA 458:16-a II)
2. Age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs, and liabilities of each party
3. Opportunity of each party for future acquisition of capital assets and income
4. Ability of the custodial parent to engage in gainful employment without substantially interfering with the interests of minor children
5. Need of the custodial parent to occupy or own the marital residence and to use or own its household effects
6. Actions of either party during the marriage that contributed to the growth or diminution in value of property
7. Significant disparity between the parties in relation to contributions to the marriage, including contributions to the care and education of the children and the care and management of the home
8. Direct or indirect contribution by one party to the education or career development of the other, and interruption of a party's career or education for the benefit of the other's career or the marriage
9. Expectation of pension or retirement rights acquired prior to or during the marriage
10. Tax consequences for each party
11. Value of property allocated by a valid prenuptial contract
12. Fault of either party, if it caused the breakdown of the marriage and resulted in substantial physical or mental pain and suffering or substantial economic loss
13. Value of any property acquired prior to the marriage or in exchange for such property, and property acquired by gift, devise, or descent
14. Need of either party to occupy or own a homestead
15. Any other factor the court deems relevant

Common Questions