Dear Jeff: My husband and I have been married for 28 years. I’m not happy in the marriage and would like a divorce. But, my husband says that everything is in his name and he would leave me penniless. I’m scared and frustrated. Can he really leave me with nothing after 28 years?
Dear Sharon: I’m sorry to hear that your husband has taken that position. However, what he is telling you is nonsense. In a New Hampshire divorce, you are entitled to an equitable share of all the assets that accumulated during the course of the marriage regardless of whose name they are held in. An “equitable share” is typically considered to be fifty percent of the asset value.
So, if there’s equity in your house, and it’s only in your husband’s name – you still may be entitled to an equitable portion of the equity. If your husband has retirement accounts, you may be entitled to an equitable portion of these funds. So, it is doubtful that your husband will be able to leave you penniless.
I would recommend that you contact an experienced divorce attorney so you have a complete understanding of the laws surrounding marital asset division in New Hampshire.
Jeff Runge, is a practicing New Hampshire Divorce & Family Law Attorney. He is the Managing Partner at Family Legal Services, P.C. If you have questions for Jeff, please email them to Jrunge@familylegalservices.org. All inquiries are confidential.
Jeffrey A. Runge, Esquire
Family Legal Services, P.C.
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