New Hampshire Property Division
Calculator (2026)
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.
Calculate Your Property Division →$49 one-time · No account needed · Report by email in 5 minutes
Equitable Distribution
Property System
Equitable
Default Split
RSA 458:16-a
Primary Statute
1-year residency
Min. Residency
Free Property Division Calculator — New Hampshire
How Property Division Works in New Hampshire
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
Separate vs. Marital Property in New Hampshire
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.
Statutory Factors for Property Division in New Hampshire
Duration
Age/health
Occupation/income
Vocational skills
Liabilities/needs
Future income opportunity
Fault (if substantial harm)
Pre-marital property value
Gifts/inheritances
Other factors
What Makes New Hampshire Property Division Unique
Equal division PRESUMED.
15 factors for deviation.
Court must give WRITTEN REASONS.
ALL property divisible including separate.
Fault is one of 15 factors.
See Your New Hampshire Property Division
Enter your assets, debts, and situation. Get a personalized property division estimate based on New Hampshire law.
In-Depth New Hampshire Divorce Guides
More New Hampshire Divorce Calculators
Frequently Asked Questions About New Hampshire Property Division
How is property divided in a New Hampshire divorce?
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.
What is considered separate property in New Hampshire?
ALL property subject to division — including separate, pensions, retirement.
Is New Hampshire a 50/50 state for divorce?
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.
What makes New Hampshire property division unique?
New Hampshire has several unique features: Equal division PRESUMED. 15 factors for deviation.
Know What You're Entitled To in New Hampshire
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.