Important factors for property division

A divorce can be a long and stressful process. By preparing ahead of time, you can help to expedite divorce proceedings.

In order to influence the decision about your property division, you must understand the process. Particularly for New Hampshire, there are a few important factors for you to be aware of.

Equitable division

Unlike other states that divide property into marital and separate property, New Hampshire law states that the courts will look at all property as marital property. This includes property that you and your spouse acquired before the marriage, gifts, and any other substantial assets. If neither of you objects, the court then divides the property equitably, or fairly. You should note that this does not always mean equally.


If you and your spouse desire for certain assets to be considered separate property, you must petition the court and provide an argument for the separation. The court will listen to the argument and make a decision in consideration of the petition. Also, if the two of you are able to come to an agreement concerning dividing the property, the judge will usually defer to your proposed division plan. Therefore, it may be beneficial for you and your spouse to try to come to an agreement amongst yourselves.


When the courts make determinations about assets, they consider a number of factors. Some of the most common elements they look at include:

  • Length of the marriage
  • Child custody (if applicable)
  • Spousal contribution to education or development
  • Age and health
  • Contribution or causation for divorce

These are just a few of the possible factors that a judge may consider. There is no set formula, so the determination of equitability is up to the judge's discretion.

As you can see, there are several elements that contribute to a property division termination during divorce. If you are facing this process, consult with a knowledgeable attorney to weigh your options and choose the best course of action for you.

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