Free New Hampshire Postnuptial Agreement Template

A New Hampshire postnuptial agreement is a written contract spouses sign during the marriage about property, debts, and support. It matters because New Hampshire’s divorce statute reaches all property either spouse owns, however it’s titled.

Property Means All Property

For divorce purposes, property includes all tangible and intangible assets, real or personal, belonging to either or both spouses, whether titled to one or both. That includes vested and non-vested retirement benefits and, to the extent federal law permits, military retirement and veterans’ disability benefits (RSA 458:16-a, I).

An Equal Split Is Presumed

At divorce, the court may order an equitable division. It presumes an equal division is equitable, unless it decides otherwise after weighing listed factors (RSA 458:16-a, II). Those factors include the marriage’s length, contributions to the home and children, expected pension rights, tax consequences, and in some cases fault.

The Factor List Names Prenups

One listed factor is the value of property allocated by a valid prenuptial contract made in good faith by the parties (RSA 458:16-a, II(k)). The list doesn’t name postnuptial agreements specifically.

New Hampshire courts do address them. In a 2025 decision, the New Hampshire Supreme Court considered a postnuptial agreement in a divorce. Specifically, it rejected an argument that RSA 458:16-a requires deciding a postnup’s enforceability only at the final divorce hearing.

Still, the property statute’s factor list mentions prenuptial contracts, not postnups. So a New Hampshire postnuptial agreement is worth drafting with care and reviewing with a local attorney, since the statute doesn’t spell out how courts weigh it.

Because the statute reaches every asset, completeness matters most. Put together a New Hampshire postnuptial agreement with these steps:

1. List all property. Include every asset either spouse owns, since the statute reaches all of it.
2. Add retirement benefits. Note vested and non-vested plans for each spouse.
3. State the intended division. Explain how you both want each asset and debt allocated.
4. Exchange full financial disclosure before anyone signs.
5. Get independent legal advice. Each spouse should understand the terms.
6. Sign, date, and store it. Keep copies where both spouses can find them.

A strong agreement covers:

• Complete asset list — everything either spouse owns, however titled
• Retirement benefits — vested and non-vested plans
• Division terms — how you intend property to be split
• Support terms — anything agreed about alimony
• Signatures and dates — each spouse