New Hampshire

 

New Hampshire laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute New Hampshire Title XLIII Chapter 458 - Annulment, Divorce and Separation
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault, but still codified for Alimony [458:16-a(II)(L)]
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment The court will take into consideration several points as detailed in [458:16-a]
i. Periera and Van Camp in CA The court will take into consideration several points as detailed in [458:16-a]Not applicable
b. Property distribution factors Discretion of the court considering 15 factors as set forth in statute [458:16-a(II)]
4. Legal separation? Yes, under Title XLIII Chapter 458 Section 458:26
a. Waiting period/Separation period 2 years [458:7(IX)]
5. Is mediation required No, but can be referred to mediation at the direction of the court or request of one party (parties must pay costs of mediation) per [458:15-c]
6. Forms used New Hampshire Family Law Forms
7. Alimony guidelines and factors General Guidelines [458:19]
Alimony formula Guidelines for determination [458:19]
a. Types Temporary, or permanent; lump sum, periodic payments, or both per [458:19]
b. Term Limits Definite or indefinite period of time, if the motion for alimony is made within 5 years of decree [458:19]
Cohabitation No official definition. In re Raybeck, 44 A. 3d 551 - NH: Supreme Court 2012; Court may modify order when circumstances render chnge proper (NM ST § 40-4-7)
c. Imputing income 458:19(IV)(b) identifies the numerous conditions including vocational skills and employability of each spouse
d. Change in circumstances The court may modify upon petition/motion by either party [458:32]
e. Ceases on retirement Definite or indefinite period of time, if the motion for alimony is made within 5 years of decree [458:19]
Impute income on early retirement  
Early retirement for health reasons is involuntary  
f. Definition of income Broad definition for alimony defined as all sources [458:16-a(II)]
8. Child support factors and guidelines Income Definitions according to [458-C:2] and formula according to [458-C:3]
9. Child support calculator New Hampshire Dept. of Health and Human Services - Division of Child Support Services
10. Lump Sum  Support allowed? Yes. In the Matter of Harvey & Harvey, 153 NH 425 - NH: Supreme Court 2006.
11. Valuation  
a. Valuation date Complaint
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible.- In re Watterworth, 149 N.H. 442, 821 A.2d 1107 (2003)
c. Standard of value Fair Market Value - Rattee v. Rattee, 767 A.2d 415, 421 (N.H. 2001)
d. Discounts Discounts for lack of control and lack of marketability. Rattee v. Rattee, 146 NH 44 - NH: Supreme Court 2001.
e. Shareholder/partner agreements The valuation is a question of fact to be determined by the trial court based upon the particular facts and circumstances.  In re Cottrell, 48 A. 3d 896 - NH: Supreme Court 2012.
 12. Double dip  Impermissable double dip - Rattee v Rattee [146 NH 44; 767 A 2d, 415; 2001 NH Lexis 25
 a. Stock options  All sources of income are to be considered.  Rattee v. Rattee, 146 NH 44 - NH: Supreme Court 2001
 b. Retirement accounts  Allowed.  Rattee v. Rattee, 146 NH 44 - NH: Supreme Court 2001
 c. Child support Allowed with wide lattitude by the courts.  Rattee v. Rattee, 146 NH 44 - NH: Supreme Court 2001.  Wheaton-Dunberger v. Dunberger, 137 NH 504 - NH: Supreme Court 1993
 13. Key cases  
 14. Premarital agreements  Enforced, but cannot abrogate the statutory or common law rights of minor children of the contemplated marriage [460:2-a]
 15. Common law  Yes (for inheritance purposes only); Title XLIII Chapter 457 Section 457:39


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