A divorce can be a complex legal procedure, especially when it comes to dividing property between the two parties. One question that often arises in this process is how property that was acquired after the couple separated should be divided. Here, we will look at how property acquired after separation is divided in a New Hampshire divorce.
Understanding Marital Property and Separate Property
Before we delve into property division after separation, it’s important to understand the distinction between marital property and separate property. Marital property refers to any assets that were acquired by either spouse during the course of the marriage – such as a home, car, or joint bank accounts. Separate property, on the other hand, refers to any assets that were acquired before the marriage, as well as any assets acquired by one spouse after the separation.
Equitable Division of Marital Property
New Hampshire is an equitable distribution state, meaning that marital property is divided in a manner that is just and fair, rather than an equal 50-50 split. When it comes to dividing marital property, the court takes a variety of factors into account, including the length of the marriage, each spouse’s financial situation, and the contribution of each spouse to the acquisition of marital property.
It’s worth noting that even property that is acquired after separation may be considered marital property if it was acquired during the marriage but not divided at the time of separation. In this case, the property will still likely be subject to division during the divorce.
Treatment of Property Acquired After Separation
Now, let’s take a closer look at how property acquired after separation is treated in a New Hampshire divorce. In general, property that is acquired after separation is considered separate property and is therefore not subject to division in the divorce. This includes any assets that are acquired by one spouse post-separation, such as a new car or investment property.
However, there are a few exceptions to this rule. For example, if one spouse uses marital funds (such as money from a joint bank account) to purchase an asset after separation, that asset may be considered marital property subject to division. It’s also possible for the court to award a portion of an asset that was acquired after separation to one spouse if the other spouse can show that they contributed significantly to its acquisition.
Seeking Legal Advice
If you are going through a divorce in New Hampshire and have questions about the division of property, it’s important to seek legal advice. An experienced family law attorney can help you understand your rights and obligations, as well as develop a strategy for achieving a fair division of assets.
In summary, the treatment of property acquired after separation in a New Hampshire divorce depends on a variety of factors, including whether the property is considered marital or separate. While in most cases, property acquired after separation is considered separate property, there are exceptions. To ensure that you receive a fair division of assets, it’s important to consult with a knowledgeable attorney who can guide you through the process.