Under New Hampshire law, the court has discretion to grant alimony upon request of either party of a divorce. The court will examine all circumstances in the case, including whether the actions of either party led to the breakdown of the marriage.
Types of Spousal Support
- Temporary – may be awarded upon filing for divorce, lasting until the final decree.
- Short-Term – may be awarded to assist one spouse in adjusting to the changed circumstances resulting from divorce.
- Long-Term or Permanent – may be awarded where the marriage lasted for fourteen years or longer.
Who is Eligible for Alimony in New Hampshire
A party to a divorce is eligible for alimony if the court determines that:
- The party lacks sufficient income, property, or both, to provide for reasonable needs, taking into account the style of living to which the parties have become accustomed during the marriage; and
- The party from whom alimony is sought is able to meet reasonable needs while paying alimony; and
- The party is unable to be self-supporting through employment or is the custodian of a child whose circumstances make it appropriate that the custodian stay at home.
New Hampshire Alimony Guidelines (Factors for Awarding Alimony)
To determine the amount and duration of alimony, the court may consider:
- Duration of the marriage;
- Age, health, social or economic status, occupation, amount and sources of income, the property awarded, vocational skills, employability, estate, liabilities, and needs of each of the parties;
- Opportunities of each party;
- Fault of either party leading to the breakdown of the marriage;
- Tax consequences; and
- Contribution of each of the parties to the family unit and estate.
Reasons for Termination or Modification of Alimony in New Hampshire
Change of circumstances of either party may be grounds for termination or modification of support payments. Petition the court to seek a modification based on any substantial changes to your situation.
Marital Fault in New Hampshire
No fault divorce is available in New Hampshire based on irreconcilable differences that have caused the irremediable breakdown of marriage. There are also several at fault grounds for divorce in New Hampshire, including adultery, cruelty, abandonment and criminal conduct.
How Long Does Spousal Support Last in New Hampshire?
A court will determine duration of spousal support based on need and duration of marriage primarily.
New Hampshire Alimony Taxes
A party who pays alimony is allowed to claim the payments as a deduction on federal tax forms. The party receiving alimony is required to claim it as income on federal tax forms. A New Hampshire attorney familiar with divorce law can discuss the tax consequences of your settlement with you.
Find an Alimony Attorney in New Hampshire
A New Hampshire family law attorney can help you navigate the court system, the tax implications, and paperwork associated with dissolution of marriage. Divorce can be an emotionally demanding time in a person’s life. Having an attorney by your side will make it easier to move through the proceedings and on with your life.