Dividing property during a divorce is a challenging process. Spouses frequently disagree about what is appropriate, especially if the marriage lasted for years and they have enjoyed economic success.
If the spouses cannot settle with one another, then the case generally needs to go to trial. A family law judge hearing a contested or litigated property division case has to apply state law when splitting up marital property. What does that process generally involve?
The goal is an equitable outcome
New Hampshire has an equitable distribution statute. Judges dividing property during divorce litigation should seek a fair outcome based on the totality of marital circumstances. The spouses must make thorough financial disclosures and provide information about themselves and the marital relationship.
Generally speaking, any assets owned by either spouse are potentially at risk of division, not just assets acquired during the marriage or held in the name of both spouses. Judges look at factors including the health of each spouse, the length of the marriage and even custody arrangements as they try to establish a fair order for the division of marital property.
A judge’s interpretation of the situation can be very difficult to predict. Many couples might prefer to settle amicably outside of court and thereby retain control over the process.
Learning about equitable distribution and New Hampshire’s unique approach to property division can be beneficial for those concerned about their financial stability after a divorce. Spouses attempting to negotiate property division settlements and preparing for litigation usually benefit from the insight and advocacy of a family law attorney.
