Marital Settlement Agreement (No Children) - New Hampshire

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of New Hampshire

Table of Contents

1. Parties and Recitals
2. Jurisdictional Facts
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts and Retirement
6. Allocation of Debts and Liabilities
7. Alimony / Spousal Support
8. Insurance Provisions
9. Tax Matters
10. Mutual Releases and Waivers
11. General Provisions
12. Execution and Acknowledgment

1. Parties and Recitals

This Marital Settlement Agreement ("Agreement") is entered into on [__/__/____] by and between:

Petitioner: [________________________________] ("Petitioner")
Date of Birth: [__/__/____]
Address: [________________________________]

Respondent: [________________________________] ("Respondent")
Date of Birth: [__/__/____]
Address: [________________________________]

RECITALS:

A. The parties were lawfully married on [__/__/____] in [________________________________] (city/county, state).

B. Jurisdiction over the parties under RSA 458:5 rests on the following facts (check one): ☐ Both parties were domiciled in New Hampshire when the action began. ☐ Petitioner was domiciled in New Hampshire when the action began, and Respondent was personally served in the state. ☐ Petitioner was domiciled in New Hampshire for the one year preceding the action. Supporting dates and service facts: [________________________________].

C. Irreconcilable differences have caused the irremediable breakdown of the marriage, and reconciliation is not reasonably probable (RSA 458:7-a).

D. There are NO minor children born of or adopted during this marriage, and neither party is currently pregnant.

E. Both parties have made full and complete disclosure of all assets, debts, income, and financial obligations.

F. Both parties enter this Agreement voluntarily, without fraud, duress, or undue influence.

2. Jurisdictional Facts

The parties state the RSA 458:5 jurisdiction facts selected above, ask the New Hampshire Circuit Court — Family Division serving [________________________________] County to hear the action, and seek dissolution on the ground of irreconcilable differences causing an irremediable breakdown of the marriage (RSA 458:7-a).

3. Division of Real Property

3.1 Marital Residence:
Property Address: [________________________________]
Legal Description: [________________________________]
Current Estimated Value: $[________________________________]
Outstanding Mortgage Balance: $[________________________________]
Equity: $[________________________________]

☐ The marital residence shall be awarded to [Petitioner / Respondent].
☐ The marital residence shall be listed for sale within [____] days, with net proceeds divided as follows: [________________________________].
☐ The party retaining the residence shall refinance the mortgage within [____] days to remove the other party's name.
☐ The parties request that the court not require a sale because [Petitioner / Respondent] can fully and fairly compensate the other for their interest and a sale is unnecessary for equitable division (RSA 458:16-a, V).

3.2 Additional Real Property:
[________________________________]

4. Division of Personal Property

4.1 Personal property has been divided by mutual agreement. Each party shall retain all personal property currently in their possession unless otherwise specified herein.

4.2 Specific Items Awarded to Petitioner:
[________________________________]

4.3 Specific Items Awarded to Respondent:
[________________________________]

4.4 Motor Vehicles:

4.5 Animals:

☐ Not applicable — the parties do not own animals.
☐ The following animal(s) shall be awarded to [Petitioner / Respondent]: [________________________________].
☐ Care and ownership arrangements: [________________________________].

5. Division of Financial Accounts and Retirement

5.1 Bank Accounts:

5.2 Retirement / Pension Accounts:

☐ A Qualified Domestic Relations Order (QDRO) shall be prepared to effectuate the division of the following accounts: [________________________________].

5.3 Investment and Brokerage Accounts:
[________________________________]

6. Allocation of Debts and Liabilities

6.1 Each party shall assume and hold harmless the other party from the following debts:

Debts Assumed by Petitioner:

Debts Assumed by Respondent:

6.2 Each party shall indemnify and hold the other harmless from any liability arising from the debts they have assumed.

7. Alimony / Spousal Support

☐ No Alimony Requested. Each party agrees to request an order awarding no alimony. Any proposed waiver is subject to applicable law and the court's decree.

☐ Term Alimony Requested. [Petitioner / Respondent] shall pay [Petitioner / Respondent] $[________] per month, beginning [__/__/____] for [____] months, subject to the court's order. RSA 458:19-a, III generally limits duration to 50% of the marriage length unless the parties agree otherwise or the court finds an adjustment just. This proposed duration is supported by [agreement / facts supporting adjustment]. Remarriage of the payee ends term alimony unless the parties' agreement provides otherwise. Cohabitation may support modification or termination on request and court finding under RSA 458:19-aa, VII-VIII. Death and retirement are governed by the order and RSA 458:19-aa, IV-VI. Additional agreed terms, if approved: [________________________________].

☐ Reimbursement Alimony Requested. To compensate [Petitioner / Respondent] for [specific economic or non-economic contribution to the other's financial resources], [Petitioner / Respondent] shall pay $[________] as follows: [________________________________]. The requested schedule ends within five years of the decree unless the parties agree otherwise. RSA 458:19-a, V.

☐ Property Equalization Payment. [Petitioner / Respondent] shall pay [Petitioner / Respondent] $[________] within [____] days of entry of the decree as part of the property allocation, if approved by the court.

8. Insurance Provisions

8.1 Health Insurance:
☐ Each party shall be responsible for obtaining and maintaining their own health insurance upon entry of the final decree.
☐ [Petitioner / Respondent] shall maintain health insurance coverage for [Petitioner / Respondent] for a period of [____] months following entry of the decree.

8.2 Life Insurance:
☐ Not applicable.
☐ [Petitioner / Respondent] shall maintain a life insurance policy with a minimum death benefit of $[________] naming [Petitioner / Respondent] as beneficiary for the duration of any alimony obligation.

9. Tax Matters

9.1 Tax Returns for Current Year:
☐ If eligible under federal filing rules, the parties shall file a joint federal income tax return for tax year [____] and divide any refund or liability as follows: [________________________________].
☐ Each party shall file separately for the tax year [____].

9.2 Prior Year Obligations: Each party shall be responsible for [____]% of any tax liability, penalties, or interest arising from jointly filed returns for the years [____] through [____].

9.3 Indemnification: Each party shall indemnify and hold the other harmless from any tax liability attributable to the indemnifying party's income or deductions.

9.4 New Hampshire does not impose a general state income tax on wages. RSA Chapter 77's Interest and Dividends Tax was repealed for taxable periods beginning after December 31, 2024. The parties shall allocate any liabilities or refunds for earlier taxable periods as follows: [________________________________].

10. Mutual Releases and Waivers

10.1 Except as expressly set forth in this Agreement, each party hereby releases the other from any and all claims, demands, obligations, and causes of action of any nature, known or unknown, arising out of the marital relationship.

10.2 The parties shall identify any intended estate or homestead waivers in a separate, reviewed instrument or express decree term: [________________________________]. This Agreement alone does not determine the effectiveness of any statutory-share waiver after either party's death.

10.3 Each party shall execute any documents necessary to effectuate the transfers and releases contemplated by this Agreement within [____] days of execution.

11. General Provisions

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

11.2 Modification. Any change to the court-approved property allocation requires the court's approval or another legally available process. Term alimony may be modified by agreement or, if contested, only on the findings and clear-and-convincing-evidence standard in RSA 458:19-aa, I; that section separately governs retirement and cohabitation.

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

11.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.5 Incorporation into Decree. The parties request that this Agreement be incorporated into and made part of the final Decree of Divorce.

11.6 Voluntary Execution. Each party acknowledges they have read this Agreement, understand its terms, and sign it voluntarily.

11.7 Legal Representation.
☐ Petitioner is represented by [________________________________].
☐ Petitioner is self-represented and has been advised to seek independent legal counsel.
☐ Respondent is represented by [________________________________].
☐ Respondent is self-represented and has been advised to seek independent legal counsel.

12. Execution and Acknowledgment

PETITIONER:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

RESPONDENT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

STATE OF NEW HAMPSHIRE
County of [________________________________]

Before me, the undersigned notary public/justice of the peace, on this [____] day of [________________], [____], personally appeared [________________________________] (Petitioner) and [________________________________] (Respondent), known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons executed the instrument.

WITNESS my hand and official seal.

Notary Public / Justice of the Peace: ________________________________
My Commission Expires: [__/__/____]

NEW HAMPSHIRE STATE NOTES:

• New Hampshire is an equitable distribution state with a presumption of equal (50/50) division (RSA 458:16-a).
• All property is divisible, including property acquired before marriage, regardless of title.
• The court must specify written reasons for the property division it orders (RSA 458:16-a, IV).
• Three types of alimony: temporary, term, and reimbursement (RSA 458:19, 458:19-a).
• Term alimony amount ordinarily uses the lesser of the payee's reasonable need or 23% of the adjusted gross-income difference, subject to statutory exclusions, ordered-payment adjustments, and a justice-based adjustment; the statute supplies a 30% formula only if federal tax law makes alimony deductible to the payor and taxable to the payee. Duration is ordinarily capped at 50% of marriage length, subject to agreement or a justice-based adjustment (RSA 458:19-a).
• Animals are tangible property; agreements must address their care and wellbeing (RSA 458:16-a).
• Fault may be considered in alimony determinations (RSA 458:19).
• No general state income tax on wages; the Interest and Dividends Tax was repealed for taxable periods beginning after December 31, 2024. Earlier taxable periods may still have liabilities or refunds.
• RSA 458:5 offers three alternative jurisdiction routes; the one-year domicile route applies when the other two routes do not establish jurisdiction.

Sources and References:

• RSA 458:16-a — Property Settlement
• RSA 458:19-a — Term and Reimbursement Alimony
• RSA 458:19-aa — Alimony Modification or Termination
• New Hampshire Statutes Chapter 458 — Table of Contents