New Hampshire Property Division | NH Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

In a divorce, all property from the marriage must be sorted out by the courts so the parties can sever marital ties. One important and common consideration in divorce cases is property division, specifically New Hampshire property division.

A licensed Family Law attorney is critical to a favorable outcome in property division. These laws can be complex, lawyers have the proper training/experience to tell the judge what a divorcing spouse wants or needs from the property division and your divorce might be more complicated than a friend or family member's was.

Property Division Divorce Laws in New Hampshire

The purpose of New Hampshire property division laws is to make sure that marital property is allocated to each spouse equally, generally in a 50-50 split. If a 50-50 split would be inequitable, then New Hampshire marital property is divided under the considerations of New Hampshire Statute §458.16-a(II)

However, the trial court judge receives great discretion when converting New Hampshire marital property into separate New Hampshire divorce property.

New Hampshire is an equitable distribution state. This means that with regard to New Hampshire divorce assets, anything the spouses had before marriage usually will not be included in New Hampshire divorce assets or New Hampshire divorce property.

However, New Hampshire Statute §458.16-a(I) allows the trial court to include separate & non-marital property in the property division at its discretion.

What is considered Marital and Non-Marital Property?

Marital property is generally defined as all items brought into a marriage by either spouse along with separate items that were brought into a marriage and converted into marital property.
Non-marital property is simply property that each spouse had before the marriage or acquired individually without including it into the marital property. This may also include gifts, inheritances and property classified as separate under an agreement between the parties.

The trial court will ultimately decide which property is marital vs. non-marital and whether the distinction is relevant in a particular property division matter.

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The final step is the allocation of marital property.

Under New Hampshire Statute §458.16-a(II), the court considers a number of factors in dividing assets and debt. Some of these are:

The marriage's length
The parties' age & health
The parties' conduct during the marriage
The parties' future opportunities
The parties' separate property

Using statutory factors, judges decide how a marriage's assets should be divided. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equally among the spouses.
- Example 1: A joint savings account has $6,000. The court would most likely award $3,000 to each spouse.
- Example 2: A joint savings account has $6,000. One spouse contributed $4,000 and the other contributed $2,000. The amount may be divided in a 50-50 split or may be more balanced if the $2,000 contributor has fewer assets than the $4,000 contributor.
Retirement Plans: Divided based on the duration of the marriage at the time the benefits accrued, looking at the present value of the plan and/or survivor benefits.
- Example 1: A spouse got benefits in a retirement plan after working for 25 years and was married for 20 of those years. The ex-spouse would be entitled to 50% of the retirement plan that was acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it but it may be subject to property division.
Vehicles: Divided based on the values determined by the court. May be sold or given to a spouse outright.
- Example 1: A spouse owns a boat. The boat may be sold with the proceeds to be divided 50-50 or the boat may be given to a spouse outright.
- Example 2: A car has a shared title. The car may be sold with the proceeds divided 50-50 or given to a poorer spouse.
Insurance: Determined based upon each spouse's health, availability of alternate insurance and premium payments from marital income.
- Example 1: One spouse has covered the other under employer provided health insurance. The other spouse is in poor health and could not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time and/or award money to the ailing spouse to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. The court may order this to continue if the spouse has no other insurance or award the spouse a portion of the benefits.

Settling Disputes in a Divorce Case with Property and Asset Division

Under New Hampshire case law, a property division award may be modified if a spouse can show fraud, undue influence, deceit, misrepresentation, or mutual mistake in the earlier order. You may also go back to court to enforce the award if an ex-spouse is being uncooperative.

However, the trial court's determinations will not be changed by a higher court unless there was a clear abuse of discretion. This is very hard to prove.

Help From a New Hampshire Property Divorce Lawyer

It can not be stressed enough that retaining a New Hampshire property divorce lawyer is key to getting the fairest and most equitable result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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