Short vs. Long Term Marriages
The Length of a Marriage & Divorce
When a couple divorces in New Hampshire, the court starts with the presumption that an equal division of marital property is fair. But that’s only the starting point. Judges can, and often do, deviate from a 50/50 split based on factors listed in RSA 458:16-a. One of the most important of those factors is the length of the marriage.
In In the Matter of Heather Mackesy-Boyle and David Boyle (Jan. 22, 2025), the New Hampshire Supreme Court affirmed a trial court’s decision to unequally divide real estate after a ten-year marriage. The trial court awarded the wife full ownership of her Londonderry home, which had $300,000 in equity, and awarded the husband a jointly owned vacation property in Maine with $88,000 in equity.
The husband appealed, arguing that a ten-year marriage shouldn’t be considered “short term.” But the Supreme Court disagreed, pointing out that New Hampshire law doesn’t apply a strict cut-off to distinguish short-term and long-term marriages. Instead, the length of the marriage is weighed along with other facts, such as who owned the property before the marriage and how much each spouse contributed to it.
In this case, the wife had owned the Londonderry home for years before the marriage and was the sole titleholder. The husband lived there for about six and a half years and contributed about 40–50% of the home’s costs during that time. When the couple separated, he stopped contributing altogether. Given those facts, the court concluded that the marriage was “relatively short term” and that it was fair to return the parties to something close to their pre-marriage positions.
So what’s the takeaway?
In New Hampshire, the label “short-term” or “long-term” isn’t set by a calendar. It depends on the circumstances of each case, particularly how intertwined the couple’s finances became, how long they cohabited, and what contributions each person made to marital property.
If you’re concerned about how property might be divided in your divorce, it’s important to talk with a divorce attorney who can help you understand how these legal principles apply to your unique situation.
Schoff & Reardon now offers consultations and services over video platforms like Zoom and Google Meets. Many of our clients find that meeting over Zoom is more efficient and easier to fit into their schedules.
Please note that this article is for informational purposes only and does not constitute legal advice. Every family law case is unique, and the outcome of your case will depend on its specific facts and circumstances. For personalized guidance, we recommend consulting with an attorney who can provide advice tailored to your situation.