New Hampshire Property Distribution Laws

New Hampshire Property Distribution Issues & Resources

New Hampshire Property Distribution

In a New Hampshire divorce, all property will be divided in an equitable and just manner. A New Hampshire divorce Court will presume that an equal division of all property is equitable. The Court will consider the following factors: 
  • the length of the marriage; 

  • the age and health of the spouses; 

  • the occupation of the spouses;

  • the vocational skills of the spouses; 

  • the employability of the spouses; 

  • the value of each spouse's property; 

  • the amount and sources of income of the spouses;

  • the liabilities and needs of each spouse; 

  • the opportunity of each for further acquisition of capital assets and income;

  •  the ability of the custodial parent to engage in gainful employment without interfering with the interests of any minor children in custody;

  •  the need of the custodial parent to occupy or own the marital residence and any household furnishings;

  •  the actions of either spouse during the marriage which contributed to the increase or decrease in value of any property; 

  • any significant disparity between the spouses in relation to the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse to the care and education of the children and the care and management of the home; 

  • the expectation of any retirement or pension benefits;

  • the federal income tax consequences of the court's division of the property;

  • any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss; 

  • the value of any property acquired prior to marriage or exchanged for property acquired prior to marriage;

  • the value of any gifts or inheritances;

  • any direct or indirect contribution to the education or career development of the other spouse; 

  • any interruption in education or career opportunities to benefit the other's career, the marriage, or any children; 

  • the social and economic status of each spouse; 

  • any other relevant factor.

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