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Marital Asset Division in New Hampshire

How marital vs. separate property is classified and divided in New Hampshire. New Hampshire follows equitable distribution.

Property Type

Equitable

Filing Fee

$250–$300

Median Cost

$9,500–$40,000

Annual Divorces

4,500+

Understanding Marital Assets in New Hampshire

New Hampshire is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in New Hampshire is approximately $9,500. Contested divorces involving significant financial disputes average $40,000. These figures include attorney fees, filing fees ($250–$300), and related costs.

Under RSA §458:4, New Hampshire courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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Common Questions

How long do you have to live in New Hampshire to file for divorce?
New Hampshire requires 12 months of residency before you can file for divorce. RSA §458:4 governs the filing requirements.
Is New Hampshire a community property or equitable distribution state?
New Hampshire follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in New Hampshire?
Filing fees in New Hampshire range from $250–$300. The median total cost is approximately $9,500 for uncontested divorces and $40,000 for contested cases.
How long does a divorce take in New Hampshire?
New Hampshire has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in New Hampshire?
New Hampshire uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about marital assets in New Hampshire and is not legal advice. Verify current statutes with RSA §458:4 or consult a licensed New Hampshire attorney. Last reviewed March 2026.