New Hampshire Property Division Laws
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The following is a summary of New Hampshire property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full New Hampshire Statutes and/or consult with an attorney about how the law might apply to your particular situation.

Marital property includes all tangible and intangible property and assets, real or personal, belonging to either or both parties, however titled. Intangible property includes, but is not limited to, employment benefits, vested and nonvested pension or other retirement benefits, or savings plans. To the extent permitted by federal law, property shall include military retirement and veterans' disability benefits.

When a dissolution of a marriage is decreed, the court may order an equitable division of property between the parties. The court shall divide the property equally, unless it decides that an equal division would not be appropriate or equitable after considering one or more of the following factors:

(a) The duration of the marriage.

(b) The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs and liabilities of each party.

(c) The opportunity of each party for future acquisition of capital assets and income.

(d) The ability of the custodial parent, if any, to engage in gainful employment without substantially interfering with the interests of any minor children in the custody of said party.

(e) The need of the custodial parent, if any, to occupy or own the marital residence and to use or own its household effects.

(f) The actions of either party during the marriage which contributed to the growth or diminution in value of property owned by either or both of the parties.

(g) 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.

(h) Any direct or indirect contribution made by one party to help educate or develop the career or employability of the other party and any interruption of either party's educational or personal career opportunities for the benefit of the other's career or for the benefit of the parties' marriage or children.

(i) The expectation of pension or retirement rights acquired prior to or during the marriage.

(j) The tax consequences for each party.

(k) The value of property that is allocated by a valid prenuptial contract made in good faith by the parties.

(l) The fault of either party if the fault caused the breakdown of the marriage and caused substantial physical or mental pain and suffering, or resulted in substantial economic loss to the marital estate or the injured party.

(m) The value of any property acquired prior to the marriage and property acquired in exchange for property acquired prior to the marriage.

(n) The value of any property acquired by gift, devise, or descent.

(o) Any other factor that the court deems relevant.

-From 458:16-a of the New Hampshire Statutes.

 

Learn more about general property division in divorce, or common ways to divide your property.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on New Hampshire divorce laws:
General New Hampshire Divorce Laws
Alimony Divorce Laws in New Hampshire
New Hampshire Child Custody Laws
New Hampshire Child Support Laws
New Hampshire Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the New Hampshire statutes. You can find the full-text version of these and other New Hampshire divorce statutes online here: New Hampshire Divorce Laws.