Quick answer: New Hampshire is an equitable distribution state, not a community property state, with a presumption that an equal division is equitable. Under RSA § 458:16-a, property includes all tangible and intangible property and assets, real or personal, belonging to either or both parties, whoever holds title, including employment benefits, vested and non-vested pensions and savings plans, and to the extent federal law permits, military retirement and veterans’ disability benefits. The court presumes an equal division is equitable unless it decides it would not be appropriate or equitable after considering one or more of fifteen factors, including the duration of the marriage; each party’s age, health, status, occupation, employability, separate property, income, needs and liabilities; the opportunity for future acquisition of assets; the custodial parent’s need for the marital home; actions that contributed to the growth or diminution of property; disparity in contributions; help given to the other party’s career; pension expectations; tax consequences; a prenuptial contract; fault that caused substantial pain or economic loss; premarital property; gifts and inheritances. The court must state written reasons for the division and cannot require a sale if one party can fairly compensate the other.
What the New Hampshire statute says
- All property, whoever holds title. Separate property is within the court’s reach, but premarital property, gifts and inheritances are listed factors.
- Equal presumed, with written reasons. A departure from equal needs one or more statutory factors and written reasons.
- Animals and education accounts. The court addresses the care of pets and may preserve or divide a child’s education savings account.
How the calculator works
You enter the property and debts each spouse holds. The calculator adds up the property, divides it equally and shows the payment between the spouses; you can move the slider to test an unequal division. The reasoning is in why equal is presumed equitable, what counts as property and the factors and written reasons.
Property and alimony
Property awarded can justify an adjustment of alimony, and the payee’s property counts in the need test. See the New Hampshire alimony calculator.
Property division across New Hampshire
The statute applies in every New Hampshire circuit court family division, from Manchester, Nashua, Concord, Dover, Rochester or Salem. The IRS lists nine community property states, and New Hampshire is not among them.
Frequently asked questions
Is New Hampshire a community property state?
No. New Hampshire orders an equitable division under RSA 458:16-a, with a presumption that an equal division is equitable. The IRS lists nine community property states, and New Hampshire is not among them.
Does New Hampshire split property 50/50 in a divorce?
Equal division is presumed equitable; the court may depart after considering the statutory factors and must state written reasons.
Are pensions divided in New Hampshire?
Yes. Property includes vested and non-vested pensions and retirement benefits.
Is an inheritance divided in New Hampshire?
Property is defined broadly, but gifts, inheritances and premarital property are factors the court weighs.
Does fault matter in New Hampshire property division?
Only fault as specified in RSA 458:7 that caused the breakdown and caused substantial pain and suffering or substantial economic loss.