Clark Law PLLCClark Law PLLC2026-07-21T19:45:28Zhttps://www.cindyclarklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200384/2019/12/cropped-favicon-min-32x32.jpgOn Behalf of Clark Law PLLC<![CDATA[Red flags: Spending changes before divorce]]>https://www.cindyclarklaw.com/?p=511502026-07-21T19:45:28Z2026-07-21T19:45:28ZIf you are moving toward divorce, you are likely going to do a close analysis of your financial situation. You need to disclose your financial assets to the court. This means gathering electronic records from bank accounts, investments and much more.
While you do this, one potential red flag to look out for is if your spouse's spending has changed significantly, especially if it happened right before the divorce. Maybe you filed for divorce three months ago, for instance, and you can clearly see that your spouse's spending habits increased dramatically after you did so.Spending prior to a divorce is not legally prohibited, and many people have to spend on necessities like groceries, utilities, mortgage payments and much more. But a significant change in spending can definitely be a red flag.
Dissipating marital assets
One issue could be that your spouse is intentionally trying to spend down marital assets. They know that the money has to go through property division, and you both have a right to it. To keep you from getting what you deserve, they are trying to spend that money as quickly as possible.One reason this happens is when that spouse is also a high earner. They know it would be easy for them to earn the money back after the divorce, but they believe it will be harder for you. They are essentially attempting to spend your money upfront so that you get less during the divorce itself.If you are worried about the dissipation of marital assets, or if you think that your spouse may be hiding assets and failing to disclose them to the court, then it is critical that you know what legal steps to take.]]>On Behalf of Clark Law PLLC<![CDATA[Addressing debts during a divorce]]>https://www.cindyclarklaw.com/?p=511372026-07-06T14:16:26Z2026-07-06T14:16:26ZWhen a couple gets divorced, they often focus on how to divide marital assets. These are things they own jointly or income they have earned during the marriage, for example.
But it is also important to remember that debts must be addressed during a divorce. Debt does not just disappear, so the final divorce order should assign debt to one spouse or the other at the conclusion of the case. There are a few different details to keep in mind.
Separate debts
For one thing, a couple may have separate debts, and these generally stay with the person who took them on. If someone took out student loans before getting married, for example, and is still paying them off, that is likely a separate debt.
Marital debt
On the other hand, debt that was taken out jointly does need to be divided. A very common example is credit card debt. There can also be issues with mortgage loans or car loans. If one person wants to keep that asset during property division, they also have to be able to take on the loan.
Prenuptial agreements
Finally, a couple that has a prenuptial agreement may already have addressed some of their debts upfront. This agreement can help clearly define which debts belong to one person and should stay with them and which need to be divided during the divorce.
Navigating the divorce process
Going through a divorce means dividing both marital property and debts, and the financial side of this process can certainly be complex. Make sure that you are well aware of your legal obligations and the steps you need to take at this time.
]]>On Behalf of Clark Law PLLC<![CDATA[Can you still get property in divorce if assets are in your spouse’s name?]]>https://www.cindyclarklaw.com/?p=511262026-06-30T01:44:52Z2026-06-30T01:43:34ZOwnership does not control property division
New Hampshire uses an equitable distribution system, which means the court divides marital property fairly, even if one spouse legally owns most of the assets. In many cases, assets acquired during the marriage may still qualify as marital property, including:
Income earned by either spouse during the marriage
Real estate purchased while married
Retirement accounts and pensions
Investment and brokerage accounts
Business interests built during the marriage
Even if your spouse’s name appears alone on a bank account or deed, the court may still treat the asset as part of the marital estate.
How courts identify hidden or controlled assets
When one spouse controls most of the finances, the court relies on financial disclosure to ensure transparency. Both spouses must provide accurate and complete information about their income, assets, and debts. If necessary, the court may review:
Bank and investment records
Tax returns and financial statements
Business records and valuation reports
Credit card and loan documentation
In more complex cases, attorneys may involve forensic accountants to trace assets or identify hidden income.
The court looks at fairness, not just titles
When dividing property, New Hampshire courts consider several factors beyond ownership, including:
The length of the marriage
Each spouse’s financial and non-financial contributions to the marriage
Each spouse’s income and earning capacity
The marital standard of living
The future financial needs of both spouses
These factors help the court determine a fair division of property, even when one spouse controlled most of the assets.
Why legal guidance is important
If most of your marital assets are in your spouse’s name, you still have legal rights under New Hampshire law. Yet, protecting those rights often requires careful financial analysis and strong legal advocacy.
An experienced family law attorney in Manchester can help you identify marital property, obtain financial disclosures, and ensure a fair division of assets. If your spouse controls the finances, legal support can make a significant difference in protecting your financial future.]]>On Behalf of Clark Law PLLC<![CDATA[How does mediation handle hidden New Hampshire marital assets?]]>https://www.cindyclarklaw.com/?p=511242026-06-29T08:21:17Z2026-06-29T08:08:59Z may expect mediation to feel cooperative, yet it often depends on full and honest financial disclosure. In New Hampshire divorce matters, each spouse usually shares income, property and debts so both sides can work toward a fair settlement. If you suspect hidden or undervalued assets, mediation may still move forward, although it could slow as you work toward greater clarity.
What signs suggest assets may be missing?
Certain patterns may raise concern and call for a closer look. For example, you might notice:
Sudden changes in income or business revenue without a clear explanation
Unexplained transfers to friends, relatives or unfamiliar accounts
Unusual spending patterns or large cash withdrawals without supporting records
Missing or delayed bank statements, tax returns or investment records
These signs may not prove misconduct. Still, they may suggest a need for additional review during mediation.
What tools can help bring clarity?
Mediation often gives you room to request records and, in some cases, involve neutral professionals. You might consider:
Reviewing several years of tax returns, account statements and loan documents
Tracing funds across accounts to understand how money moved over time
Working with a valuation professional to assess a business, real estate or complex investments
Requesting updated appraisals when asset values appear outdated or understated
New Hampshire law may also shape how financial disclosure works. New Hampshire courts generally divide marital property based on equitable distribution. This process often depends on both spouses providing a complete and accurate financial picture. If information appears incomplete, it could affect how the court values and divides property.
When might mediation still work?
Mediation may remain productive when both sides show a willingness to correct gaps and share updated information. As transparency improves, you may find it easier to discuss tradeoffs and move toward terms that reflect more accurate values. Open communication and timely document sharing often support steady progress.
When might court involvement be needed?
If one spouse continues to withhold key information or disputes remain unresolved, you might consider court involvement. Formal discovery tools like documents, subpoenas, depositions, interrogatories and requests for admissions may help uncover missing records and address ongoing concerns. While this step may add time and expense, it can also provide structure that supports resolution.
Transparency supports fair outcomes
A fair settlement often depends on a complete financial picture. When you approach mediation with transparency and a plan to verify complex assets, you may improve your ability to reach an agreement that reflects your shared financial circumstances.]]>On Behalf of Clark Law PLLC<![CDATA[Collaborative divorce can limit the risks of working together]]>https://www.cindyclarklaw.com/?p=511232026-06-17T22:05:34Z2026-06-17T22:05:34ZAllowing for representation
When spouses informally promise to work with one another, they often do so without professional legal assistance. In a collaborative divorce, each spouse has their own attorney. They have someone to educate them about state law and to push for their best interests during divorce negotiations. If challenges arise, they don't need to scramble for an attorney at the last minute.
Backing out has consequences
If spouses have an informal agreement to cooperate, either person can violate that arrangement without penalty. In a collaborative divorce scenario, refusing to cooperate suddenly puts both spouses at the same disadvantage. They generally need to retain new legal representation and restart the entire divorce negotiation process. Both spouses face the same setback, which leaves them on even footing if the collaborative law approach fails.
Agreeing with a spouse to collaborate during divorce and signing an agreement committing to a collaborative divorce can help to protect people from high-intensity divorce scenarios and limit the likelihood of 11th-hour complications caused by one spouse acting in bad faith. Spouses who work together can move forward with a less contentious divorce with the confidence that comes from having a binding agreement for protection.]]>On Behalf of Clark Law PLLC<![CDATA[When should you consider seeking a protective order in a divorce?]]>https://www.cindyclarklaw.com/?p=511222026-06-10T21:06:22Z2026-06-10T21:06:22ZDivorce can create emotional and financial stress, but certain conduct goes beyond ordinary conflict. If you fear for your safety or the safety of your family, it may be time to seek legal protection.
New Hampshire domestic violence laws recognize several forms of abuse that may support legal action.
Conduct that may justify court intervention
New Hampshire domestic violence laws apply to abusive acts committed by a current or former spouse, family member or intimate partner when they create a credible threat to another person's safety.
Harassment: Repeated unwanted contact, intimidation or threatening behavior may create an ongoing pattern of abuse that courts consider during divorce.
Unauthorized entry: Entering your home or property without permission after separation may raise serious safety concerns and support a domestic violence report.
Destruction of property: Damaging your vehicle, home or personal belongings during a dispute may be used to intimidate or control you.
Interference with freedom: Preventing you from leaving, restricting your movements or blocking your access to help may qualify as abusive conduct.
Criminal threatening: Threats of violence or conduct intended to make you fear immediate bodily harm can support protective action.
Assault or reckless conduct: Physical attacks or reckless acts that cause injury or place you in danger may become important evidence during divorce proceedings.
Sexual assault: Forced or nonconsensual sexual contact between spouses or intimate partners may have both criminal and family law consequences.
Cruelty to animals: Hurting or threatening a family pet to frighten or manipulate you may also fall within New Hampshire domestic violence laws.
Domestic violence during divorce does not always leave visible injuries. Courts may consider older incidents together with recent conduct when they show a continuing pattern that causes reasonable fear for your safety or well-being.If you believe you or your children are at risk, keeping records of incidents and acting promptly may help protect your interests. Understanding New Hampshire domestic violence laws can help you respond to dangerous situations during divorce. Seeking legal guidance may help you understand your rights and available protections.]]>On Behalf of Clark Law PLLC<![CDATA[Can divorce force the sale of your business?]]>https://www.cindyclarklaw.com/?p=511212026-06-10T14:50:18Z2026-06-10T14:50:18ZHow divorce courts view a closely held business
A business can represent years of work, income and investment. During a divorce, the court may examine whether some or all of the business's value belongs in the marital estate.
Ownership alone does not decide that issue. For example, a spouse may have started the business before the marriage, but the company may have increased in value during the marriage. In other situations, a spouse who did not own part of the business may have contributed labor, management support or financial resources to help it grow.
Factors that can affect what happens to the business
Dividing a business is rarely as simple as assigning a dollar value to it. The court may need to consider financial, operational and ownership issues that do not exist with many other assets. What happens to your business may depend on factors such as:
The business's value compared to other marital assets
Existing business debts and financial obligations
Partnership, shareholder or operating agreements
Each spouse's involvement in the company
Whether one spouse can buy out the other's interest
These facts can affect whether one spouse keeps the business, whether a buyout is possible or whether the parties need another way to divide marital property fairly.
How is a business valued during divorce?
Business valuation can become a major point of disagreement in a high-asset divorce. You and your spouse may disagree about what the company is worth and what factors should influence that number.
Disputes may involve business goodwill, future income, ownership interests or financial records. The final valuation can affect how much of the marital estate is connected to the business and what assets each spouse receives.
Can a spouse force the sale of the business?
Courts generally prefer outcomes that allow a successful business to continue operating. A sale is not the automatic result simply because your business is part of the marital estate. In many cases, the parties address the business's value through a buyout or by dividing other assets. Certain circumstances can make a sale more likely:
The business representing most of the marital wealth
Limited assets available to offset the business's value
Business debts that complicate asset division
Joint ownership and operation of the company
Disagreement about how to divide the asset
When these issues arise, a sale may become one way to convert the business into an asset that can be divided between you and your spouse.
What business owners should know
A divorce does not automatically force the sale of a business. In many cases, the bigger issue is determining what the business is worth and how that value will factor into the division of marital property.
Even so, a closely held business can create challenges that do not arise with many other assets. Questions about ownership, valuation and future operations can all affect the outcome of the divorce.]]>On Behalf of Clark Law PLLC<![CDATA[Teens have special considerations for co-parenting]]>https://www.cindyclarklaw.com/?p=511192026-05-28T10:18:55Z2026-05-28T10:18:55ZDivorcing parents have to think carefully about how they’re going to work as a team to raise their children. The age of the children is one of the factors that matters in these cases. If one of these children is a teen, there are some factors to consider that might not be present for children of other ages.
Teens often have stronger opinions, busier schedules and a need to be more independent than younger children. They’re often balancing school, extracurricular activities, a busy social life and part-time work. These can all have an impact on how parenting time is handled.
What should be considered for teens?
One of the challenging aspects for parents who are co-parenting teens is that a traditional parenting plan may not work for them. Teens will typically need to have more flexibility, but they will still need structure. Finding the right balance between the teen’s preferences and the court order may be a challenge.
How can parents reduce the stress of co-parenting a teen?
Clear communication between co-parents can help to reduce misunderstandings. Even though it may seem as though the teen is old enough to pass messages between parents, that shouldn’t happen. Teens may not always relay the messages properly, so parents should speak directly to each other.
What else should parents know?
Parents should remember that the teen is still their child. They shouldn’t be a sounding board for complaints or concerns about the divorce. Your ex is still their parent, so avoid speaking negatively about them to your teen. Even though you may not need a complex parenting plan for your teen, it’s still a good idea to have at least a basic plan in place. Working with someone familiar with your situation and current laws may be beneficial in these cases.
]]>On Behalf of Clark Law PLLC<![CDATA[Documenting parental alienation for a custody modification]]>https://www.cindyclarklaw.com/?p=511122026-05-19T10:24:09Z2026-05-19T10:24:09ZWhat proof is necessary?
To show that one parent intentionally alienated the other from the children, there must be a pattern of inappropriate and disruptive conduct. One canceled parenting session does not constitute parental alienation. However, months of canceled sessions, shortened visits and denied communications can be indicative of a concerted effort to alienate one parent from the children.
Negative talk about a parent is often a component of alienation. If children repeat claims made by the other parent, such as allegations that one parent abandoned the family or doesn't pay enough in child support, those negative messages can be part of the alienation process as well.
Keeping records of all unapproved, unilateral custody schedule changes can be helpful. Written records of negative claims made by the children or any disparaging comments made by one parent about the other on social media can all help show that there has been an intentional campaign to negatively impact the bond one parent has with the children.
Evidence of misconduct can motivate a judge to change a family’s division of parenting time. They can also order reunification therapy or other counseling services to help address the alienation that has occurred. Working with an attorney when dealing with contentious custody matters can help parents protect their bond with their children accordingly.]]>On Behalf of Clark Law PLLC<![CDATA[How are golden parachute agreements treated in divorce?]]>https://www.cindyclarklaw.com/?p=510902026-05-15T07:23:49Z2026-05-15T07:23:49ZThe basics of this benefit
A golden parachute is a contract between an employer and a key executive that guarantees significant compensation under specific conditions. It typically activates when a merger, acquisition or restructuring eliminates or substantially changes the executive's role. Compensation may include cash, accelerated stock option vesting and other forms of pay tied to a merger or sale.
These deals also carry tax obligations. Under federal law, a 20% excise tax applies on top of normal income taxes if the total payout reaches three times or more of the executive's average pay over the past five years. That tax applies to the full amount above one time the average pay, not just the portion that crosses the three-times threshold.
Marital classification under state law
New Hampshire defines property broadly to include all tangible and intangible assets belonging to either or both spouses. State law lists employment benefits among the intangible assets subject to equitable distribution, and courts have applied this definition broadly.
The state also operates as an "all property" state, meaning even assets acquired before the marriage can face division. Courts start from a presumption of equal division, though they may adjust that based on 15 factors such as the length of the marriage, each spouse's finances and the role each party played in the marriage.
Whether your agreement qualifies as divisible property often depends on when you negotiated the agreement and whether the benefits reflect work you performed during the marriage.
If you signed the agreement while married and the pay relates to that period of service, a court may treat some or all of that value as marital property. Portions tied to future post-divorce work may receive different treatment.
Valuation and division in practice
One of the main challenges with a golden parachute in divorce is placing a value on something that may never pay out. Unlike a bank account or a vested retirement plan, it depends on a specific corporate event to activate, which makes standard valuation methods hard to apply.
Courts sometimes address this through a deferred distribution approach. Rather than setting a fixed value at divorce, the settlement may give the nonexecutive spouse a share of any payout actually received. This sidesteps the guesswork of pre-divorce valuation but keeps both parties financially tied after the marriage ends.
Another option is an asset offset, where the executive spouse keeps the benefits in exchange for giving up a larger share of other marital assets. The right approach depends on your agreement's terms, the odds of a triggering event and the overall makeup of the marital estate.]]>