Divorce Settlement Agreement - New Hampshire

DIVORCE SETTLEMENT AGREEMENT

(New Hampshire)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
    3.1 Division of Property and Debt
    3.2 Spousal Maintenance (Alimony)
    3.3 Child-Related Matters
    3.4 Tax Matters
    3.5 Insurance and Benefits
    3.6 Ancillary Matters

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Divorce Settlement Agreement (“Agreement”) is made and entered into as of [Effective Date] (the “Effective Date”) by and between:

• [Full Legal Name], residing at [Address] (“Spouse A”); and
• [Full Legal Name], residing at [Address] (“Spouse B,” and together with Spouse A, the “Parties,” and each, a “Party”).

WHEREAS, the Parties were lawfully married on [Date of Marriage] in [Location];
WHEREAS, an action for divorce is pending or will be filed in the [County] Division of the New Hampshire Circuit Court, Family Division (the “Family Court”), Docket No. ☐;
WHEREAS, the Parties desire to resolve all issues arising out of their marriage, including property division, spousal maintenance, parental rights and responsibilities, and child support, in a complete and final settlement;

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.

2. DEFINITIONS

“Alimony” means periodic or lump-sum spousal maintenance pursuant to RSA 458:19.
“Child(ren)” means the Parties’ minor child(ren): [Name(s) & DOB(s)].
“Child Support” means support calculated in accordance with RSA 458-C and Section 3.3.3 herein.
“Court” or “Family Court” means the Circuit Court of the State of New Hampshire, Family Division, [County] Division.
“Custodial Parent” means the parent with whom the Child(ren) resides more than 50% of the time under the Parenting Plan.
“Property Subject to Division” means all tangible and intangible property and assets belonging to either or both Parties, regardless of title or acquisition date, as described in RSA 458:16-a, I.
“Parenting Plan” means the detailed plan governing parental rights and responsibilities attached hereto as Schedule A.
“Property Retained by a Party” means property allocated to that Party in Schedule B, subject to Court approval. RSA 458:16-a, II does not automatically exclude premarital property, gifts, or inheritances from division; their values are factors the Court may consider under subsections II(m) and (n).

3. OPERATIVE PROVISIONS

3.1 Division of Property and Debt

3.1.1 Equitable Distribution. Pursuant to RSA 458:16-a, the Parties agree to allocate all disclosed property and debts as set forth in Schedule B (Property Allocation Schedule) and Schedule C (Debt Allocation Schedule), subject to Court approval. The Court presumes an equal property division is equitable unless the statute's listed factors support a different division.

3.1.2 Property Retained by Each Party. Each Party shall retain the property specifically allocated to that Party in Schedule B, including any listed property acquired before marriage, by gift or inheritance, or after filing. List and value those assets in Schedule B; their source alone does not exclude them from RSA 458:16-a's property division.

3.1.3 Real Property.
 a. Marital Residence located at [Address]:
  i. Title Transfer. Spouse [A/B] shall quitclaim his/her interest to Spouse [B/A] no later than [Date].
  ii. Refinancing. The receiving Party shall refinance the existing mortgage within [___] days and remove the other Party from any liability.
 b. [Other real property provisions].

3.1.4 Personal Property. Household goods, vehicles, bank accounts, investments, and retirement assets shall be distributed as detailed in Schedule B. For qualified retirement plans, division shall be effected via a Qualified Domestic Relations Order (“QDRO”) prepared at the expense of [Party].

3.1.5 Debt Allocation. Each Party shall be solely responsible for the debts listed under his or her name in Schedule C and shall indemnify and hold the other harmless therefrom (see Section 7.1).

3.2 Spousal Maintenance (Alimony)

3.2.1 Award. Spouse [A/B] shall pay to Spouse [B/A] Alimony in the amount of $[___] per month, commencing on [Start Date] and continuing for [___] months, unless earlier terminated under Section 3.2.3.

3.2.2 Modification. The Parties may request modification by agreement. A contested modification of term alimony requires the findings and clear-and-convincing-evidence standard in RSA 458:19-aa, I, subject to that section's separate retirement and cohabitation provisions.

3.2.3 Termination. Term alimony shall end at completion of the ordered term and on the recipient's remarriage unless the Parties agree otherwise (RSA 458:19-a, III). Unless the Court orders otherwise, the obligation ends on the recipient's death; the payor's death may leave a charge against the payor's estate (RSA 458:19-aa, VI). Cohabitation may support modification or termination upon request and Court finding under RSA 458:19-aa, VII-VIII. Additional agreed terms, subject to Court approval: [____________].

3.3 Child-Related Matters

3.3.1 Legal and Physical Custody. The Parties adopt the Parenting Plan (Schedule A) in accordance with RSA 461-A, granting [Joint/Primary] decision-making responsibility and [joint/primary] residential responsibility as delineated therein.

3.3.2 Parenting Time. Parenting time shall occur as set forth in the Parenting Plan. Deviations may occur by mutual written agreement.

3.3.3 Child Support.
 a. Amount. Based on the Parties’ respective gross incomes and RSA 458-C guidelines, Spouse [A/B] shall pay $[___] per [week/bi-week/month] to Spouse [B/A] commencing [Date].
 b. Adjustments. Either Party may apply to modify the support order three years after the last support order without showing a substantial change of circumstances, or sooner based on a substantial change of circumstances, under RSA 458-C:7, I(a). A change in income alone does not automatically modify the order.
 c. Method of Payment. Payments shall be made via the New Hampshire Department of Health and Human Services, Division of Child Support Services (“DCSS”), case number ☐.

3.3.4 Health Insurance. Spouse [A/B] shall maintain comprehensive medical and dental insurance for the Child(ren) as available through employment at reasonable cost. Uninsured expenses shall be allocated [___]% to Spouse A and [___]% to Spouse B.

3.3.5 Education and Extracurriculars. Major educational decisions and expenses exceeding $[___] annually shall be agreed upon in writing and shared [___]% / [___]%.

3.4 Tax Matters

3.4.1 Filing Status. For tax year ☐, the Parties shall file [joint/separate] federal and state returns. Any refund or liability shall be divided [___]% / [___]%.

3.4.2 Dependency Exemptions. Each tax year, the Parties shall alternate claiming the Child(ren) as dependents, with Spouse [A/B] claiming in [odd/even]-numbered years, provided he/she is current on Child Support.

3.4.3 Indemnity. The Party receiving a tax benefit shall indemnify the other Party for any additional tax, penalty, or interest arising from improper claiming of exemptions or deductions.

3.5 Insurance and Benefits

3.5.1 Life Insurance. Each Party shall maintain life insurance in the minimum amount of $[___], naming the other Party as trustee for the Child(ren) until emancipation.

3.5.2 Retirement Beneficiary Designations. Within 30 days of the Effective Date, each Party shall update beneficiary designations consistent with the distribution set forth in Schedule B.

3.6 Ancillary Matters

3.6.1 Name Change. [Spouse wishing to resume former name] may resume the use of his/her former surname, [Former Name], upon decree absolute.

3.6.2 Passports. The Custodial Parent shall hold the Child(ren)’s passports. The Non-Custodial Parent may obtain temporary possession upon [___] days’ written notice for travel consistent with the Parenting Plan.

3.6.3 Pets. Ownership and costs associated with family pets shall be allocated as detailed in Schedule D.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has fully and accurately disclosed all assets, liabilities, income, and expenses.

4.2 Voluntariness. Each Party warrants that he or she enters into this Agreement freely, knowingly, and without duress or undue influence.

4.3 Independent Counsel. Each Party acknowledges having the opportunity to consult independent legal counsel.

4.4 Survival. The representations and warranties herein shall survive execution and shall not merge into the Final Decree of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Cooperation. The Parties shall execute all documents and take all actions reasonably necessary to effectuate the terms of this Agreement, including deeds, QDROs, and insurance forms.

5.2 Confidentiality. Except as required by law or Court order, the Parties shall keep the terms of this Agreement confidential.

5.3 Non-Disparagement. Each Party shall refrain from disparaging the other Party in the presence of the Child(ren) or third parties known to the Child(ren).

5.4 Negative Covenants. Neither Party shall incur debt in the other’s name after the Effective Date.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party’s (the “Defaulting Party”) failure to perform any material obligation within [30] days after written notice constitutes an Event of Default.

6.2 Cure Period. The Defaulting Party shall have [15] days to cure following receipt of notice.

6.3 Remedies. If uncured, the Non-Defaulting Party may:
 a. Seek specific performance through the Family Court;
 b. Offset amounts owed under this Agreement against payments due;
 c. Recover reasonable attorneys’ fees and costs;
 d. Pursue any additional relief available at law or in equity.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any claims, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of:
 a. Debts allocated to the Indemnifying Party in Schedule C;
 b. Tax liabilities attributable to the Indemnifying Party’s income or conduct; or
 c. Breach of this Agreement.

7.2 Limitation of Liability

Each Party remains responsible for the obligations assigned to that Party in this Agreement and any obligations imposed by the Court's decree. The property allocation does not limit child support, alimony, or obligations to third-party creditors.

7.3 Force Majeure

Neither Party shall be deemed in default for failure to perform obligations (other than payment obligations) if performance is prevented by an event beyond the Party’s reasonable control, including but not limited to acts of God or governmental action. The affected Party shall notify the other within [5] days and resume performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of New Hampshire.

8.2 Exclusive Forum. The Family Court shall retain exclusive jurisdiction to interpret and enforce this Agreement, except as otherwise provided herein.

8.3 Mediation. Prior to filing any post-decree motion (other than emergency relief), the Parties shall participate in good-faith mediation with a certified family mediator. Costs shall be shared equally unless otherwise agreed.

8.4 Arbitration. By statute, issues of parental rights, child support, and alimony are non-arbitrable. Property enforcement disputes not involving child-related matters may, by mutual written consent, be submitted to binding arbitration under RSA 542.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek restraining orders or other equitable relief as permitted under RSA 173-B or the Family Court Rules.

8.6 Jury Waiver. Family Court proceedings are non-jury; any jury trial right is expressly waived.

9. GENERAL PROVISIONS

9.1 Amendments. No amendment or waiver of any provision shall be effective unless in writing, signed by both Parties, and approved by the Court.

9.2 Assignment. Rights and obligations hereunder are personal and non-assignable, except for child-related financial obligations that may be assigned to DCSS by operation of law.

9.3 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the invalid portion shall be reformed to comply with applicable law while preserving the Parties’ intent.

9.5 Integration. This Agreement, including all Schedules, constitutes the entire agreement of the Parties and supersedes all prior oral or written agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures delivered electronically or by facsimile shall be deemed originals for all purposes.

9.7 Headings. Headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENTS

State of New Hampshire )
County of _____________ ) ss.

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [Spouse A], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

____________________________
Notary Public
My Commission Expires: __________

[Repeat acknowledgment for Spouse B]

SCHEDULE A

Parenting Plan
[Attach NH Family Division Parenting Plan form or custom plan compliant with RSA 461-A.]

SCHEDULE B

Property Allocation Schedule
[List specific assets, fair market values, and recipient Party.]

SCHEDULE C

Debt Allocation Schedule
[List specific debts, outstanding balances, and responsible Party.]

SCHEDULE D (Optional)

Pet Custody & Expense Allocation