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. The statute lists specific factors the court must weigh.
New Hampshire presumes equal division of marital property but allows courts to deviate based on specific statutory factors. The presumption may be rebutted by showing that equal division would not be equitable.
Statutory Factors (N.H. Rev. Stat. §458:16-a)
New Hampshire courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
New Hampshire: community property or equitable distribution?
Equitable distribution. Under N.H. Rev. Stat. §458:16-a, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a New Hampshire court weigh?
N.H. Rev. Stat. §458:16-a lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does New Hampshire split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs New Hampshire's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: N.H. Rev. Stat. §458:16-a AI draft · Full law library entry