New Law Changes Treatment of Trust Interest in Divorce

By Jacqueline A. Botchman

As published in NH Bar News (November 2017)

Your divorce client advises you that her parents, who are well off, have likely provided for her in their trusts and she is concerned that her husband may share in her potential inheritance. What do you advise her?

In New Hampshire, marital property includes “all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties.” RSA 458:16-a (emphasis added).

To read the full article, click here.

McLane Middleton Hosts CLANH Annual Meeting

By David DePuy (originally published 10/27/2015)

The Collaborative Law Alliance of New Hampshire’s (CLANH) annual meeting was held at McLane Middleton on September 17, 2015.  The firm is a big supporter of CLANH’s work, and are proud to have been able to host the event again this year.

As part of the event, attorney Honey Hastings was recognized with the John Cameron award.  We congratulate Honey and appreciate her continued dedication to the collaborative law movement.

Divorce Is A Two Step Proceeding: Don’t Get Bogged Down in Temporary Matters

By David DePuy (originally published 1/5/2015)

Divorce is really a two step process. The second step is the ultimate resolution of all issues on a permanent, basis, either following a trial or by agreement, as to all issues involved, including property division, alimony, child support and parenting issues.It is the first step of divorce proceedings involving temporary matters where the parties can easily go astray. Continue reading

Prenuptial Agreements: Set Forth Your Marital Rights by Agreement Not by Default

By David DePuy (originally published 4/24/2014)

When you tie the knot in New Hampshire (or anywhere), there are certain rights and responsibilities that are imposed upon you and your spouse by law.  Those legal obligations are, in effect, default provisions in the event you and your intended have not provided otherwise by agreement.  Instead of having your marital rights and responsibilities determined by the State according to laws passed by the State Legislature that apply to everyone, couples entering into marriage may instead determine their rights and responsibilities in an agreement written by them.  Such prenuptial agreements may address almost any matter the parties wish, other than their rights and obligations with regard to children.

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Postnuptial Agreements – Changing the Rules After Marriage

By David DePuy (originally published 3/13/2014)

The New Hampshire Supreme Court, in a landmark decision (In Re: Estate of Richard B. Wilber), has confirmed that agreements made between spouses after marriage are valid and enforceable in New Hampshire.  The questionable validity of agreements determining rights of each spouse in property of the other upon death or divorce has now been laid to rest.  The Court in the Wilber case followed the trend of other states which recognize such agreements, finding that they are, in essence, subject to the same requirements as agreements entered into by parties prior to marriage, so-called prenuptial agreements.  Continue reading