{"id":374912,"date":"2016-03-31T21:35:56","date_gmt":"2016-04-01T02:35:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-hampshire-law\/new-hampshire-marital-property-laws.html"},"modified":"2024-06-25T14:51:04","modified_gmt":"2024-06-25T19:51:04","slug":"new-hampshire-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-hampshire-law\/new-hampshire-marital-property-laws.html","title":{"rendered":"New Hampshire Marital Property Laws"},"content":{"rendered":"\n
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New Hampshire Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New Hampshire is an equitable distribution state regarding the division of property. Marital property<\/a> belongs to both spouses. During a divorce or legal separation, courts divide it according to each person’s needs and contributions to the marriage.<\/p>\r\n

A few states are community property<\/a> states. In these states, marital property gets divided 50\/50 between spouses in a divorce property settlement. Equitable division states may divide property equally, but judges have the authority to make an unequal division.<\/p>\r\n

New Hampshire divorce laws allow the parties to divide their property through a prenuptial agreement or other settlement agreement. The courts will accept a prenuptial or postnuptial agreement unless it\u2019s clearly unfair to one party.<\/p>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Equitable division and community property states distinguish between "marital property" and "separate property." In these states, marital property is everything spouses acquire during the marriage. Separate property is anything acquired before the marriage.<\/p>\r\n

New Hampshire statutes (section 458:16-a<\/a>) don\u2019t make this distinction. In New Hampshire, everything that spouses own is marital property<\/b>. This includes:<\/p>\r\n