The Factors and Written Reasons in New Hampshire Property Division
New Hampshire courts may depart from an equal property division after considering one or more of fifteen factors, including the length of the marriage, needs, contributions, taxes, pensions, premarital property and fault that caused substantial harm, and must state their reasons in writing.
The fifteen factors
An equal division is presumed equitable unless the court decides it would not be appropriate or equitable after considering one or more of these (RSA 458:16-a, II):
| Factor | |
|---|---|
| (a) | The duration of the marriage |
| (b) | The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs and liabilities of each party |
| (c) | The opportunity of each party for future acquisition of capital assets and income |
| (d) | The custodial parent’s ability to work without interfering with the children’s interests |
| (e) | The custodial parent’s need to occupy or own the marital residence and household effects |
| (f) | Actions during the marriage that contributed to the growth or diminution in value of property |
| (g) | Significant disparity in contributions to the marriage, including care of the children and the home |
| (h) | Direct or indirect contribution to the other party’s education or career and interruptions of educational or career opportunities |
| (i) | The expectation of pension or retirement rights |
| (j) | The tax consequences for each party |
| (k) | The value of property allocated by a valid prenuptial contract |
| (l) | Fault as specified in RSA 458:7 that caused the breakdown of the marriage and caused substantial physical or mental pain and suffering or substantial economic loss |
| (m) | Property acquired before the marriage and in exchange for it |
| (n) | Property acquired by gift, devise or descent |
| (o) | Any other relevant factor |
Written reasons
The court shall specify written reasons for the division of property it orders. A party who wants an unequal division should identify the factors and the evidence for them.
Trust funds
The presumption does not apply if the court establishes a trust fund under RSA 458:20 for the benefit of the children.
Burden
Because equal is presumed, the party asking for a different division must show why one or more factors make equal inappropriate.
Evidence to gather
Records of contributions and sacrifices, tax advice on the consequences of a division, pension statements and evidence of any conduct on which you rely.
Questions to bring to an attorney
Ask which factors apply to you and how to document them for the court’s written reasons.
Next steps
Ask a licensed New Hampshire attorney which factors fit your facts and test shares in the New Hampshire property division calculator.
Frequently asked questions
How many factors does New Hampshire consider for property division?
Fifteen, from the duration of the marriage to any other relevant factor.
Is fault a factor in New Hampshire property division?
Yes, but only fault as specified in RSA 458:7 that caused the breakdown and caused substantial pain and suffering or substantial economic loss.
Do taxes matter in New Hampshire property division?
Yes. The tax consequences for each party are a factor.
Does a prenuptial agreement matter in New Hampshire property division?
Yes. The value of property allocated by a valid prenuptial contract is a factor.
Who has the burden in New Hampshire property division?
Because equal division is presumed, the party seeking a different division must show why.
Official sources
- RSA 458:16-a: property settlement
- RSA 458:19-a: term and reimbursement alimony
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Hampshire statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Hampshire attorney.