How Is Property Divided?

In New Hampshire, property is defined as all tangible and intangible property and assets belonging to either or both parties. In the first instance, the Court presumes that an equal division of property is equitable. The Court has the discretion to order an unequal division of property if it concludes that an equal division would not be appropriate or equitable. Any one or more of the following factors, if found by the Court to exist, could result in an unequal property division:

• Duration of the marriage;

• Age, health, occupation, employability of each spouse;

• The ability for future acquisition of assets or income;

• The custodial parent’s ability to become gainfully employed;

• The need of the custodial parent to remain in the marital residence;

• The actions of either party relative to the growth or diminution of assets;

• Significant disparity in each spouse’s contributions, both financial and homemaking;

• Tax consequences of the property division;

• The value of property acquired to the marriage or subject to a valid prenuptial agreement;

• The fault of either party; and

• Any other factor the Court considers relevan

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Divorce & Family Law

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