Divorce can be an incredibly challenging and emotionally taxing process, especially when it comes to the division of property. In the state of New Hampshire, this division can become even more complex, particularly when dealing with property that was acquired before the marriage. In this article, we will delve into the intricacies of how New Hampshire handles the division of such property during a divorce.
Understanding the Approaches to Property Division in New Hampshire
New Hampshire follows the equitable distribution model, which means that property is divided in a manner that is deemed fair, although not necessarily equal, to both parties involved. When it comes to property division in a divorce, the courts take into consideration several key factors to determine what constitutes fairness. These factors include, but are not limited to:
- The duration of the marriage
- The age and overall health of each spouse
- The earning capacity and employability of each spouse
- The contributions made by each spouse to the marriage
- The individual needs of each spouse
It is important to note that property acquired before the marriage is not automatically categorized as separate property under New Hampshire law. Instead, it is subject to division based on a range of factors.
The Division of Property Acquired Before the Marriage
In New Hampshire, when a couple divorces, the property acquired before the marriage is often divided based on the concept of "marital appreciation." This means that any increase in the value of property acquired before the marriage is considered marital property and is subject to division during divorce proceedings.
To illustrate this, let’s consider an example. Suppose one spouse owned a home before getting married, and the couple lived in that home together during their marriage. If the value of the home increased over the course of the marriage, the incremental increase in value would be subject to division during the divorce.
However, there are situations in which property acquired before the marriage may be treated as separate property and not subject to division. Typically, this occurs if the property was maintained strictly as separate property without any mingling with other marital assets. For instance, if one spouse owned a car before the marriage and kept it solely in their name, it may be considered separate property.
Importance of Seeking Legal Counsel
Given the intricacies involved in divorce, particularly when it comes to property division, it is vital to seek the guidance of an experienced divorce attorney if you are going through a divorce in New Hampshire and have concerns about how your property will be divided. A reputable attorney will provide the expertise and support needed to navigate the complexities of the law and ensure that your rights are protected throughout the divorce proceedings.
In Conclusion
Dividing property during a divorce can be an immensely challenging process, and it becomes even more complex when property acquired before the marriage is involved. Understanding how the state of New Hampshire approaches property division in these circumstances is crucial for individuals going through a divorce. By enlisting the assistance of a skilled attorney, you can successfully navigate the intricacies of the divorce process and confidently move forward with your life.