Property and Asset Division

A fundamental issue in any divorce is how property acquired before or during the marriage will be divided between the parties.

Divisible Property

New Hampshire broadly defines what property is divisible upon dissolution of a marriage.

Essentially, all property owned either jointly or individually prior to the divorce is subject to division. This applies to property acquired before, as well as during, the marriage. It also applies to tangible property and intangible property.

Tangible property includes things like a home, car or furniture. Intangible property includes employment benefits, pensions, and savings plans. 

“In a divorce, New Hampshire courts can divide marital property unequally at their discretion.”

The fact that property is titled only one spouse's name does not exclude it from division.

How Marital Property is Divided 

When dividing marital property, New Hampshire courts are governed by principles of equity, or fairness. They are required to presume that an equal division is an equitable division of property.

However, the court has discretion to divide the property unequally if it finds that certain facts about the marriage or the parties dictate this result. 

The facts and circumstances the court may consider are specifically listed in the applicable state statute. Suffice it to say, these factors cover almost every aspect of the marriage and the parties. Consequently, the court has wide latitude to divide property unequally if it chooses to do so. 

Modification of Property Settlement 

Once the court approves the division, it’s final, and cannot be subsequently modified no matter changed financial circumstances. 

Why take chances with your future economic well-being?  Call NH Attorney Todd Stevens today and he’ll help you navigate this complex area of divorce law.