New Hampshire is an equitable distribution state. The court divides marital property fairly based on statutory factors under RSA 458:16-a. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
RSA 458:16-a
Primary Statute
1-year residency
Min. Residency
New Hampshire is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under RSA 458:16-a, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: RSA 458:16-a
ALL property subject to division — including separate, pensions, retirement.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Duration
Age/health
Occupation/income
Vocational skills
Liabilities/needs
Future income opportunity
Fault (if substantial harm)
Pre-marital property value
Gifts/inheritances
Other factors
Equal division PRESUMED.
15 factors for deviation.
Court must give WRITTEN REASONS.
ALL property divisible including separate.
Fault is one of 15 factors.
Enter your assets, debts, and situation. Get a personalized property division estimate based on New Hampshire law.
New Hampshire is a equitable distribution state. Equal division PRESUMED equitable. The primary statute governing property division is RSA 458:16-a. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
ALL property subject to division — including separate, pensions, retirement.
No. New Hampshire is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
New Hampshire has several unique features: Equal division PRESUMED. 15 factors for deviation.
Get a personalized property division analysis based on New Hampshire's equitable distribution laws.
Start My Free New HampshireEstimate →This tool provides educational estimates based on New Hampshire equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed New Hampshire family law attorney before making decisions. Primary statute: RSA 458:16-a.