New Hampshire Marital Settlement Agreement
A New Hampshire marital settlement agreement lets divorcing spouses divide their marital property, set alimony, and address custody and child support, then have those terms approved by the court and incorporated into the divorce decree. Attorney review available.
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Introduction
New Hampshire is an all-property state whose courts presume that an equal division is an equitable distribution unless the statutory factors show otherwise (RSA 458:16-a), and a marital settlement agreement is the written contract divorcing spouses use to settle their property, debts, alimony, and (by reference) custody and child support themselves, so the terms can be approved by the court and incorporated into the decree that ends the marriage. New Hampshire is an equitable distribution state, not a community property state, and it is an all-property state, so all assets of either spouse are subject to division. New Hampshire adds a distinctive twist: the court presumes that an equal division is an equitable distribution of property unless it decides an equal split would not be equitable after weighing the statutory factors (RSA 458:16-a). A marital settlement agreement lets you set that division yourselves instead of leaving it to the court. New Hampshire also has a statutory formula for term alimony (RSA 458:19-a, effective 2019): the amount is the lesser of the payee reasonable need or a formula based on 23 percent of the difference between the parties gross incomes, and the duration is capped at 50 percent of the length of the marriage. Custody and child support follow the New Hampshire child support guidelines (RSA 458-C), an income-shares model, stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. New Hampshire has no mandatory statutory waiting period, so an uncontested divorce with a complete agreement can move relatively quickly. DocDraft builds your New Hampshire marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
New Hampshire sets term alimony by a statutory formula based on 23 percent of the difference between the parties gross incomes, capped at 50 percent of the length of the marriage (RSA 458:19-a), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, alimony, and by reference custody and child support, so those terms can be approved by the court and incorporated into the decree that ends the marriage.
- 2
New Hampshire is an equitable distribution state, not a community property state, and it is an all-property state, so all assets of either spouse are subject to division regardless of when or how they were acquired (RSA 458:16-a).
- 3
New Hampshire has a distinctive rule: the court presumes that an equal division is an equitable distribution of property, unless it decides an equal split would not be appropriate or equitable after weighing the factors in RSA 458:16-a. Equal is the starting point, but a fair result need not be exactly 50/50.
- 4
Because the equal-division presumption can be rebutted, a New Hampshire marital settlement agreement lets the spouses decide who keeps the home, the accounts, the retirement funds, and the debts instead of leaving that to a judge applying the RSA 458:16-a factors.
- 5
New Hampshire has a statutory formula for term alimony (RSA 458:19-a, effective 2019). The amount is the lesser of the payee reasonable need or a formula based on 23 percent of the difference between the parties gross incomes; the figure is 30 percent only if alimony again becomes deductible to the payor under federal tax law.
- 6
The duration of term alimony in New Hampshire is capped at 50 percent of the length of the marriage, unless the spouses agree otherwise or the court finds that justice requires an adjustment (RSA 458:19-a).
- 7
Child support follows the New Hampshire child support guidelines (RSA 458-C), an income-shares model; custody and child support stay subject to court approval, remain modifiable, and cannot be bargained away. New Hampshire has no mandatory statutory waiting period before a divorce is finalized.
Key decisions before you file
Before you file a Marital Settlement Agreement in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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New Hampshire Requirements for Marital Settlement Agreement
New Hampshire is an equitable distribution state, not a community property state, and it is an all-property state, so all assets of either spouse are subject to division regardless of when or how they were acquired (RSA 458:16-a).
Under RSA 458:16-a the court presumes that an equal division is an equitable distribution of property, unless it decides an equal split would not be equitable after weighing the statutory factors. Equal is the starting point, but a fair result need not be exactly 50/50, and a marital settlement agreement lets the spouses set their own division.
New Hampshire has a statutory formula for term alimony (RSA 458:19-a, effective 2019). The amount is the lesser of the payee reasonable need or a formula based on 23 percent of the difference between the parties gross incomes; the figure is 30 percent only if alimony becomes deductible to the payor under federal tax law.
The duration of term alimony in New Hampshire is capped at 50 percent of the length of the marriage, unless the spouses agree otherwise or the court finds that justice requires an adjustment (RSA 458:19-a).
Child support follows the New Hampshire child support guidelines (RSA 458-C), an income-shares model that shares each parent income with the children in proportion to the parents combined income. Custody and child support stay subject to court approval, remain modifiable, and cannot be bargained away.
A New Hampshire marital settlement agreement must be in writing and signed by both spouses. New Hampshire family-division divorce filings are signed and typically notarized before filing, so the spouses should plan to sign before a notary as the court requires.
The spouses submit the agreement as a permanent stipulation. The court reviews it to confirm it is fair and that any provisions for the children are in their best interest, then approves it and incorporates it into the final divorce decree, giving the terms the force of a court order.
New Hampshire has no mandatory statutory waiting period before a divorce is finalized. Once the petition is filed and the requirements are met, an uncontested divorce with a complete agreement can be granted without a statutorily required delay, though the case is not final until the court enters the decree.
Frequently Asked Questions
A marital settlement agreement in New Hampshire, often called a permanent stipulation, is the written contract divorcing spouses use to settle property and debt division, alimony, and by reference custody and child support. It records what you have agreed so the terms can be submitted to the court. The court reviews it and, if it is fair and any provisions for the children are in their best interest, approves it and incorporates it into the final divorce decree that ends the marriage.
A New Hampshire marital settlement agreement is the private contract the spouses negotiate and sign; the divorce decree is the court order that ends the marriage. The two are connected: once the court reviews and approves the agreement, it is incorporated into the final divorce decree, and the parties are ordered to comply with it. The agreement states the deal, and the decree gives it the force of a court order. A court must still review and approve the terms before the decree is entered.
New Hampshire is an equitable distribution state, not a community property state, and it is an all-property state, so all assets of either spouse are subject to division. Under RSA 458:16-a the court presumes that an equal division is an equitable distribution of property, but it can order an unequal split if an equal one would not be equitable after weighing factors such as the length of the marriage, each party income and needs, and contributions to the marriage. A New Hampshire marital settlement agreement lets you agree on who keeps the home, the accounts, the retirement funds, and the debts rather than leaving that to the court.
New Hampshire has a statutory formula for term alimony (RSA 458:19-a, effective 2019). The amount is the lesser of the payee reasonable need or a formula based on 23 percent of the difference between the parties gross incomes at the time of the order; the figure is 30 percent only if alimony again becomes deductible to the payor under federal tax law. The duration is capped at 50 percent of the length of the marriage, unless the spouses agree otherwise or the court finds that justice requires an adjustment. In your New Hampshire marital settlement agreement you can set support terms you both accept within this framework, subject to the court review.
You can address custody and child support in a New Hampshire marital settlement agreement, but you cannot bargain them away. Child support follows the New Hampshire child support guidelines (RSA 458-C), an income-shares model that shares each parent income with the children in proportion to the parents combined income. Parents may agree on an amount, but the court reviews it, and a departure from the guidelines requires specific findings. Custody and child support remain subject to court approval and can be modified later in the best interests of the children.
A New Hampshire marital settlement agreement must be in writing and signed by both spouses. New Hampshire family-division divorce filings are signed and typically notarized before they are filed with the court, so the spouses should plan to sign the agreement and any accompanying petition or financial affidavit before a notary as the court requires. Even where notarization is not strictly required for a given document, signing before a notary helps prove the signatures are genuine.
After both spouses sign, the New Hampshire marital settlement agreement is submitted to the court as a permanent stipulation. The court reviews it to confirm it is fair and that any provisions for the children are in their best interest, then approves it and incorporates it into the final divorce decree. Incorporation is what turns your private agreement into enforceable court orders, though the court must still review and approve the terms before the decree is entered.
New Hampshire has no mandatory statutory waiting period before a divorce can be finalized, unlike states that impose a fixed cooling-off period. Once the petition is filed and the legal requirements are met, an uncontested New Hampshire divorce with a complete marital settlement agreement can be granted without a statutorily required delay, and in practice a joint uncontested case often concludes within a few months. Settling early with a marital settlement agreement can reduce disputes and move the case along, though the actual timeline still depends on the court schedule.