Alimony in New Hampshire: Understanding the Basics and Recent Changes
Alimony, or spousal support, is one of the more complex and often contentious issues in a divorce. In New Hampshire, the concept of alimony is grounded in the idea that one spouse may require financial support to maintain a standard of living comparable to that enjoyed during the marriage. However, like many aspects of family law, alimony has evolved over time, and understanding the guidelines, eligibility criteria, and recent changes in New Hampshire law is essential for anyone navigating the divorce process in the state.
What is Alimony?
Alimony is financial support that one spouse may be required to pay to the other after a divorce or legal separation. The purpose of alimony is to prevent unfair economic hardship for the spouse who may have been economically dependent during the marriage, helping them maintain a standard of living similar to what they had when married. Alimony is separate from child support, which is intended to provide for the needs of children in a divorce.
In New Hampshire, alimony is not automatically granted. Instead, a judge evaluates several factors to determine whether alimony is appropriate, the amount to be awarded, and the duration of the payments.
Key Factors in Determining Alimony in New Hampshire
New Hampshire family law courts base alimony decisions on a range of factors outlined in state statute. Some of the most important considerations include:
1. The Financial Needs and Resources of Both Spouses
A judge will consider the financial resources of both spouses, including their income, earning potential, and assets. The court aims to ensure that both spouses can support themselves after the divorce, while also taking into account the length of the marriage and the standard of living during the marriage.
2. Length of the Marriage
Generally, the longer the marriage, the more likely alimony will be awarded. Long-term marriages (typically those lasting more than 10 years) are more likely to result in significant or long-term alimony payments, while shorter marriages may result in less support or no support at all.
3. The Recipient’s Ability to Support Themselves
A key factor is whether the recipient spouse has the ability to support themselves through employment or other means. If the spouse seeking alimony is capable of earning a sufficient income but is not doing so, the court may award limited or temporary support while the spouse transitions into the workforce or gains necessary skills.
4. The Paying Spouse’s Ability to Pay
The court also evaluates the paying spouse’s ability to meet alimony obligations while still being able to support themselves. If a paying spouse has limited income or significant financial obligations, the court will take this into account when determining the amount of support.
5. The Recipient’s Contributions to the Marriage
Contributions made by the recipient spouse during the marriage, such as supporting the family while the other spouse pursued their career, may also be considered. This includes non-financial contributions, such as raising children or caring for the home.
6. The Age and Health of Both Spouses
A judge may also factor in the age, health, and physical or emotional condition of the spouses when determining whether alimony is appropriate. If one spouse is unable to work due to age or health reasons, this can be a significant factor in awarding alimony.
7. Any Other Relevant Factors
New Hampshire law allows judges to consider any other factors they deem relevant to the case. These may include the marital misconduct of either spouse or other factors that affect the financial stability of the parties.
Types of Alimony in New Hampshire
New Hampshire law recognizes different types of alimony, each designed to address specific needs or circumstances:
1. Temporary Alimony
Temporary alimony is awarded during the divorce proceedings and is meant to provide short-term financial assistance until the divorce is finalized and a permanent decision can be made.
2. Rehabilitative Alimony
Rehabilitative alimony is intended to support a spouse while they work toward becoming financially independent, such as by furthering their education or gaining employment skills. This type of alimony is usually awarded for a specific period of time and is designed to help the recipient spouse get back on their feet.
3. Permanent Alimony
Permanent alimony may be awarded in long-term marriages or when one spouse is unlikely to be able to support themselves financially. This type of alimony continues until the recipient spouse remarries or the court determines that other circumstances warrant a change.
4. Lump-Sum Alimony
Instead of periodic payments, a court may order lump-sum alimony, which involves one large payment or a series of fixed payments over a short period of time. This form of alimony is less common but may be appropriate in certain situations where periodic payments are not practical.
Changes in Alimony Laws and Trends in New Hampshire
In recent years, New Hampshire has seen changes and shifts in how alimony is handled, largely due to evolving public attitudes about divorce, gender roles, and fairness. One significant change in New Hampshire’s alimony laws occurred in 2018, when the state introduced a revision to the statutes that placed more emphasis on ensuring that alimony is not indefinite and that it has a clear purpose of supporting a spouse’s transition to financial independence.
Some trends and changes in New Hampshire’s approach to alimony include:
1. Time Limits on Alimony
In New Hampshire, the 2018 changes established more rigid timelines for the length of alimony payments. For example, alimony payments are typically not awarded for a duration longer than the length of the marriage unless there are special circumstances. For long-term marriages, the court may still decide on a more permanent arrangement, but short marriages are less likely to result in long-term alimony.
2. Reform for Spousal Maintenance
Judges now have more discretion to consider whether the recipient spouse is actively working to become self-supporting and may reduce or terminate alimony if the recipient’s financial situation improves. This reflects a broader trend in family law of encouraging self-sufficiency.
3. No-Fault Divorce and Alimony
New Hampshire, like many other states, follows a no-fault divorce model. This means that the court does not consider marital misconduct (such as adultery) when determining alimony. While this has made the divorce process more straightforward, some individuals still feel that misconduct should be factored into alimony decisions.
How to Modify or Terminate Alimony
Once alimony has been awarded, it is not necessarily permanent. Either party can petition the court to modify or terminate the alimony agreement if there is a significant change in circumstances. This could include a substantial increase or decrease in the paying spouse’s income, the recipient spouse becoming self-supporting, or the recipient spouse remarrying.
In some cases, alimony payments can be terminated or reduced if the recipient spouse is found to be cohabitating with another person in a relationship that resembles marriage, though this is subject to proof in court.
Conclusion
Alimony in New Hampshire remains a nuanced and important aspect of family law, designed to provide financial support to a spouse who may otherwise be at a disadvantage following a divorce. Whether you’re going through a divorce or are simply seeking to understand how alimony works, it’s essential to consider the many factors that can influence a court’s decision. By staying informed about New Hampshire’s alimony laws and recent changes, individuals can navigate the process with greater confidence, knowing that the laws are aimed at promoting fairness and helping individuals transition to life after divorce.
TO SPEAK WITH AN EXPERIENCED NEW HAMPSHIRE DIVORCE ATTORNEY AT FAMILY LEGAL SERVICES, P.C., PLEASE CALL (603) 225-1114.
Jeffrey A. Runge, Esquire
Family Legal Services, P.C.
141 Airport Road
Concord, NH 03301
Comments