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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution with presumption of equal division

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

The following factors are commonly evaluated under New Hampshire law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: N.H. Rev. Stat. §458:16-a

Source: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html

Source & verification AI draft
Citation
N.H. Rev. Stat. §458:16-a
Source URL
https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
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Reference Library

New Hampshire Property Division

New Hampshire RSA §458:16-a establishes a presumption of equal division of marital property. This presumption may be rebutted by demonstrating that equal division is not equitable, considering the length of the marriage, age and health of parties, contributions, future needs, and other statutory factors. The statute provides a non-exclusive list of considerations for the court.

Citation: N.H. Rev. Stat. §458:16-a

Source: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html

Last updated: 2026-05-19T01:39:53.754505