Does New Hampshire Split Property 50/50 In Divorce?

Some of the biggest questions that people face during divorce involve property division. Who will get the house? What about retirement accounts? What if there’s a family business? 

Property division is understandably a major concern in divorce, and one that is rife with confusion and misconceptions. New Hampshire law establishes nuanced legal standards for determining who gets what, so it won’t necessarily be a 50/50 split.

It’s helpful to understand the basics of property division so you know what to expect. 

The ‘Equitable Distribution’ Standard

New Hampshire law states that marital property should be divided equitably (that is, in a fair and just manner) during the divorce process. This “equitable distribution” is different from other states that follow equitable distribution. In New Hampshire, the law presumes that 50/50 is generally the fairest division of property. However, the parties can make arguments as to why a different allocation of property is more just in their case.

When Is 50/50 Not Appropriate?

When a divorce case ends up in court, the judge can determine that a 50/50 division of property wouldn’t be fair and just based on case-specific factors such as:

• How long the marriage lasted
• The age and medical conditions of each spouse
• The earning capacity of each spouse
• Each spouse’s access to other financial resources
• The custody arrangement, if there are minor children
• Whether there are major disparities in how much each spouse contributed to the marriage
• Whether one spouse gave up their career opportunities to help the other spouse advance

• Other relevant factors

Note that fault can also be considered if one spouse caused economic loss or inflicted pain and suffering that contributed to the end of the marriage.

What COUNTS AS Marital Property?

Marital property in New Hampshire encompasses all assets of both parties, including:

• The marital home
• Any other real property
• Vehicles
• Retirement benefits
• Investment assets
• Business interests

A value must be established for each of these assets. The valuation process can present challenges and lead to disputes.

Marital property also includes debts.

What About Separate Property?

In many states, only the marital property (that is, the property acquired during the marriage) can be divided during divorce. New Hampshire is different. The law requires that all property be equitably divided, including the property acquired before marriage or through gifts or inheritances. However, the court can consider separate property when determining whether 50/50 division is appropriate.

A valid prenuptial agreement can also impact property division. If a prenup allocates significant assets to one spouse, the court can award a greater percentage of the remaining assets to the other spouse in order to offset the disparity.

Navigating Property Division Outside Of Court

In many divorce cases, it’s advantageous for the parties to negotiate a divorce settlement outside of court. That settlement should be made in light of what a court probably would decide under New Hampshire law.

In every divorce case, each party should have an attorney to protect their interests and provide guidance on all aspects of the process, including property division.