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
Equitable Distribution, All-Property State
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).
Presumption of Equal Division
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.
Statutory Term-Alimony Formula
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.
Alimony Duration Cap
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 Guidelines
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.
In Writing, Signed, and Notarized for Filing
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.
Court Review and Incorporation
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.
No Mandatory Waiting Period
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.