Divorce is painful. In some instances, parties who wish to remain together find the peace and resolution they are seeking through a legal separation or postnuptial agreement. These legal constructs enable a marriage to continue while providing certainty by defining the rights and entitlements of each party. Legal separation is an option when spouses are...
For individuals with substantial family wealth, gifts or inheritances, protection of wealth in divorce is a significant concern. In New Hampshire, the division of marital property is governed by RSA 458:16-a. Marital property is defined broadly. Courts are directed to divide marital property “equitably” in a divorce. The statute presumes that equal is equitable, but...