The term marital property refers to the possessions and ownership stakes accumulated by a couple during their marriage and thus subject to division upon divorce. Some property is considered separate and not subject to division, such as personal gifts, inheritances, goods acquired prior to the marriage, and goods acquired with the proceeds of separate property.
States differ on how marital property is divided, ranging from "community property" guidelines to the more popular "equitable division" approach. Equitable division considers the means and needs of each party and other, more practical concerns, while community property states divide marital property 50/50.
New Hampshire Marital Property Laws at a Glance
See the following chart for information about New Hampshire marital property laws (including the factors considered by family courts) and FindLaw's Divorce and Property section for additional articles and helpful resources.
|Community Property Recognized?
|Statutory Definition of Marital Property
All tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties. Intangible property includes, but is not limited to, employment benefits, vested and non-vested pension or other retirement benefits, or savings plans.
To the extent permitted by federal law, property shall include military retirement and veterans' disability benefits. (458:16-a)
|Factors Considered When Dividing Marital Property
- The duration of the marriage.
- The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs and liabilities of each party.
- The opportunity of each party for future acquisition of capital assets and income.
- The ability of the custodial parent, if any, to engage in gainful employment without substantially interfering with the interests of any minor children in the custody of said party.
- The need of the custodial parent, if any, to occupy or own the marital residence and to use or own its household effects.
- The actions of either party during the marriage which contributed to the growth or diminution in value of property owned by either or both of the parties.
- Significant disparity between the parties in relation to contributions to the marriage, including contributions to the care and education of the children and the care and management of the home.
- Any direct or indirect contribution made by one party to help educate or develop the career or employability of the other party and any interruption of either party's educational or personal career opportunities for the benefit of the other's career or for the benefit of the parties' marriage or children.
- The expectation of pension or retirement rights acquired prior to or during the marriage.
- The tax consequences for each party.
- The value of property that is allocated by a valid prenuptial contract made in good faith by the parties.
- The fault of either party as specified in RSA 458:7 if said fault caused the breakdown of the marriage and:
(1) Caused substantial pain and suffering; or
(2) Resulted in substantial economic loss to the marital estate or the injured party.
- The value of any property acquired prior to the marriage and property acquired in exchange for property acquired prior to the marriage.
- The value of any property acquired by gift, devise, or descent.
- Any other factor that the court deems relevant.
|Dower And Curtesy
|Dower and curtesy abolished (Ch. 560:3)
Note: State laws are subject to change at any time through the passage of newly signed legislation or other means. While we strive to ensure the accuracy of these pages, you may also want to contact a New Hampshire Divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
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New Hampshire Marital Property Laws: Related Resources