New Hampshire Divorce Property Division: The Complete 2026 Guide
New Hampshire presumes equal division of property is equitable, has a statutory alimony formula (23% of gross income difference), hard-coded child support percentages, and NO state income tax. This guide covers all verified 2026 law.
RSA 458:16-a: Equal Division Presumed
New Hampshire presumes equal division is equitable under RSA 458:16-a. The court has 15 factors for deviation, and must specify written reasons for any departure from equal.
ALL property is subject to division — including separate, premarital, pensions, and retirement accounts. Fault causing the breakdown (if it caused substantial harm) is one of the 15 factors.
Alimony: RSA 458:19-a Formula
New Hampshire is one of few states with a statutory alimony formula. Under RSA 458:19-a:
Formula: 23% of gross income difference (post-TCJA; would be 30% if alimony were tax-deductible). Duration cap: 50% of marriage length.
The award is the lesser of: (a) payee's reasonable need, OR (b) the formula amount. Reimbursement alimony is also available for educational/career contributions.
Child Support: RSA 458-C (25/33/40/45%)
New Hampshire uses hard-coded percentages of combined NET income per RSA 458-C (Updated Jan 2025, HB 1564): 25% (1 child), 33% (2), 40% (3), 45% (4+).
Self-support reserve: 130% of federal poverty guideline (~$1,628/mo). NH has NO state income tax — so net income is higher than most states.
No State Income Tax
New Hampshire has NO state income tax. The interest & dividends tax was repealed effective January 1, 2025. Only federal taxes apply, which means higher net income for both parties.
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Start Your New Hampshire AnalysisThis article is for educational purposes only and does not constitute legal advice. The information is grounded in publicly available statutes and case law, but laws change and individual situations vary. Always consult a licensed family law attorney in your state before making legal or financial decisions.