How to Calculate Alimony in New Hampshire

By Wayne Thomas

The marriage relationship is supportive in nature. For that reason, courts in New Hampshire are sensitive to the needs of both spouses after divorce, and have the authority to order one spouse to pay financial support to the other for a specific period of time or indefinitely. This is known as alimony. Although there is no set formula for determining alimony in New Hampshire, there are certain factors a court considers when awarding or modifying it.

Overview of Alimony

The purpose of alimony is to further the same standard of living that a couple enjoyed during their marriage after divorce. If one spouse cannot be self-supporting, courts in New Hampshire look to the other spouse's ability to pay when determining an alimony award. Further, a judge has tremendous flexibility in ordering how long the support should last. For example, if one spouse has a disability that does not allow her to work, the award may last indefinitely. By contrast, the support may be rehabilitative in nature, meaning that the award will terminate after the completion of a specified an event, such as obtaining a college degree.

Factors Considered

Judges in New Hampshire looks to several factors in determining the size and length of any alimony award. These factors include the length of the marriage, the specific needs of both parties, and each spouse's education and earning potential. The court may also take into consideration what each spouse received in terms of a property award from the divorce, as well as the federal tax consequences of the order on both parties.

Divorce is never easy, but we can help. Learn More

Marital Fault

A court may also take into account a spouse's actions if those actions were the reason for the divorce. This is known as a fault-based divorce. New Hampshire recognizes several fault-based grounds, including adultery and extreme cruelty. For example, when it comes to alimony, the court could conclude that the emotional or physical devastation caused by the guilty spouse justifies a larger award because it directly contributed to the other spouse's inability to become self-supporting. However, it is important to note that alimony is not awarded solely to punish the guilty spouse.

Modification of an Award

In New Hampshire, alimony awards terminate if the receiving spouse remarries. In addition, both permanent and temporary awards are subject to modification if the parties agree, or if a change of circumstances occurs. For all requests to modify alimony, the court looks at whether the financial situation of either party changes. An example is if the receiving spouse was awarded rehabilitative alimony to cover her expenses through college, but she became permanently disabled while in school.

Divorce is never easy, but we can help. Learn More
Wyoming Laws on Alimony

References

Related articles

How to Determine Alimony in SC

To prepare for a divorce, it is important for both parties to have an understanding of the factors a court will consider in determining whether to award alimony and the types and amounts to request. In South Carolina, the length of the marriage, the existence of any marital misconduct, the parties' earning capacity, and the physical and mental health of both parties will be considered in determining the length, type and amount of an order for alimony.

How to Stop Permanent Alimony

Alimony, a financial award of support from one spouse to another in divorce, may be permanent in some cases. Courts commonly award temporary or rehabilitative alimony; these types of alimony end on a specific date or when the receiving spouse is able to support herself. Permanent alimony, by contrast, has no specific end. Whether a paying spouse can end permanent alimony depends on why the alimony was awarded and what has changed since the original award.

How Long Do You Have to Be Married to Receive Spousal Support?

Spousal support, or alimony, refers to the payments made to one spouse by the other during a separation of after a divorce. It is based either on an agreement between the couple or by a determination of the court. The purpose of spousal support is to limit any unfair economic effects of the divorce to the receiving spouse who is typically a non-wage earner or the lower-wage earner of the two. For example, a spouse who left the workforce to raise the couple's children might need money to get job training that will help her support herself after the divorce. While the length of the marriage is a factor that courts consider before awarding spousal support, it is usually not the only consideration.

Get Divorced Online

Related articles

Is it True a Husband Always Has to Pay Alimony When They Get Divorced?

When couples divorce, one or both spouses may ask the court to award alimony, also known as spousal support and ...

Ohio Laws on Spousal Support in a Marriage Dissolution

When married couples make the difficult decision to get divorced, the issue of spousal support can become quite ...

Welfare & Alimony in California

To receive welfare in California, applicants must meet strict income requirements, and any income received from alimony ...

How to Calculate Lifetime Alimony in Florida

An understanding of the factors involved in a determination of the type and amount of alimony that can be awarded ...

Browse by category
Ready to Begin? GET STARTED