Overview
New Hampshire is an equitable distribution state that begins with a presumption of equal division of marital property at divorce. Under RSA § 458:16-a, all property acquired during the marriage is presumed to be divided 50/50, but either party can rebut this presumption by demonstrating that an equal split would be inequitable based on factors such as the duration of the marriage, each party’s contributions, and the source of the property. New Hampshire follows UPAA principles for prenuptial agreements.
What Counts as Marital Property?
Marital property in New Hampshire includes all property acquired by either spouse during the marriage, regardless of how title is held. This includes wages, real estate, retirement benefits earned during the marriage, and the marital portion of business appreciation. The equal-split presumption applies to all marital property absent a compelling reason for deviation.
What Stays Separate?
Separate property in New Hampshire includes assets owned before the marriage, gifts and inheritances received individually, and property excluded by a valid prenuptial agreement. New Hampshire courts generally exclude separate property from the marital estate, but courts may deviate from this if equity requires — particularly in long marriages. Commingling separate and marital funds is the primary risk to maintaining separate property status.
Prenuptial Agreements in New Hampshire
New Hampshire enforces prenuptial agreements under RSA § 460:2-a and UPAA-aligned principles. A prenup must be in writing, signed voluntarily by both parties, and based on fair financial disclosure. Courts will not enforce provisions that are unconscionable or obtained by fraud or duress. New Hampshire does not require a waiting period, though adequate time for review and independent legal counsel strengthen enforceability.
Key Considerations
- New Hampshire’s equal-split presumption means that without a prenup, a spouse can expect close to 50% of marital assets at divorce.
- The presumption can be rebutted, but doing so requires litigation — a prenup eliminates this uncertainty.
- New Hampshire recognizes common-law marriage only if validly formed in another state; New Hampshire does not create new common-law marriages.
- Prenups in New Hampshire are particularly useful for protecting premarital business interests and investment accounts from equal division.
Key Statutes
- New Hampshire Revised Statutes § 458:16-a (equitable distribution, equal-split presumption)
- New Hampshire Revised Statutes § 460:2-a (prenuptial agreements)
This is educational content, not legal advice. Consult a licensed New Hampshire family law attorney for guidance specific to your situation.