How New Hampshire Divides Property in Divorce (2026)

New Hampshire is an equitable distribution state (RSA 458:16-a). The court divides marital property fairly based on statutory factors — not necessarily 50/50.

Marital vs. Separate Property

Marital Property — Subject to Division

All property acquired by either spouse during the marriage is marital property:

• Wages and salaries earned during the marriage
• Real estate purchased with marital funds
• Retirement contributions made during the marriage
• Vehicles, bank accounts, and personal property acquired during the marriage
• Business interests acquired during the marriage

Separate Property — Generally Stays With Owner

Generally, courts treat as separate property:

• Property owned by one spouse before the marriage
• Gifts received by one spouse (even during the marriage)
• Inheritances received by one spouse (even during the marriage)

Important: New Hampshire courts have discretion under RSA 458:16-a to consider separate property if equity requires. Identify and document all separate property carefully.

Equitable Distribution Factors (RSA 458:16-a)

New Hampshire has specific statutory factors the court weighs:

1. Duration of the marriage
2. Age, health, social status, and occupation of each party
3. Amount and source of income of each party
4. Vocational skills and employability
5. Estate, liabilities, and needs of each party
6. Opportunity of each party to acquire capital assets and income
7. Ability of each party to acquire future capital assets and income
8. Contribution of each party as homemaker
9. Contribution of each party to acquisition, preservation, and appreciation of marital property
10. Needs of the children (custodial parent may be awarded the marital home)
11. Actions of either party during the marriage that contributed to the breakdown
12. Any other factor the court deems relevant

Alimony — Need-Based

New Hampshire courts may award alimony (RSA 458:19) when one spouse lacks sufficient income to meet reasonable needs. Need-based — no formula. Factors include duration of marriage, income and employability, standard of living, and fault.

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required after Final Decree. Marital portion = contributions from date of marriage to date of separation.
• NH Retirement System (NHRS): Contact NHRS for domestic relations order procedures — nhrs.nh.gov.
• IRAs: Transfer incident to divorce — Decree language; direct rollover.

Real Estate — NH Registry of Deeds

New Hampshire real property records are maintained by the Registry of Deeds in each county.

1. Prepare a Quitclaim Deed or Warranty Deed
2. Execute and notarize
3. Record at the NH Registry of Deeds of the county where the property is located
4. Fee: ~$20–$30 per document
5. New Hampshire imposes a transfer tax — divorce-related transfers between spouses may be exempt; confirm with the Registry of Deeds

Last reviewed: March 2026 | Equitable distribution (RSA 458:16-a) | 12 statutory factors | Separate property: pre-marital/gifts/inheritances | Alimony need-based (RSA 458:19) | QDRO for employer plans | NHRS for state employees | NH Registry of Deeds — county-level | Transfer tax exemption for divorce transfers | courts.state.nh.us/forms/nhjb-forms.htm

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.