In New Hampshire, the court will consider all assets (whether acquired before or during the marriage) on the table and subject to division. This includes retirement accounts, unvested pensions, inheritances, cash, the marital home (regardless whose name is on the deed) and any and all other assets of value. A property division is final and cannot be changed absent very specific factors.
New Hampshire is an “equitable division” state. This means that the court considers a marriage a partnership and presumes that each person contributed to the economic and non-economic factors in the relationship. For example, an economic contribution could be a spouse working to pay for the bills. A stay-at-home spouse who took care of the children and managed the household would be considered a non-economic contributor. Under New Hampshire law, RSA 458:16-a, an equal division of the couple’s assets and debts is considered a fair division.
It is critical to hire an experienced attorney to protect your property interests in a divorce. Attorney Connolly is the only family law attorney in New Hampshire who is board certified by the National Board of Trial Advocacy in Family Trial Law. She has successfully litigated cases in both the Family Division and the New Hampshire Supreme Court to protect her clients’ assets