New Hampshire Alimony / Spousal Support
New Hampshire alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.
New Hampshire spousal support is intended to preserve the economic status of both parties, as it existed during the marriage. Alimony or maintenance in New Hampshire is determined on a case by case basis.
Types of Alimony Awarded in New Hampshire
New Hampshire can award temporary or permanent alimony. According to 458:19 Alimony. - VII, When a New Hampshire court orders permanent alimony for a definite period of time, such order may be renewed, upon the petition of either party, provided that such petition is made within 5 years of the termination date of the permanent alimony order. Nothing in this paragraph shall be construed to change or alter in any way the terms of the original alimony order.
Alimony payments can be in the form of a lump sum payment, periodic payment or both.Spousal support or maintenance in New Hampshire can be awarded based on these factors:
- The length of the marriage
- The age, health, social or economic status, occupation, amount and sources of income
- The property awarded under RSA 458:16-a
- Vocational skills, employability, estate, liabilities and needs of each of the parties
- The opportunity of each for future acquisition of capital assets and income
- The fault of either party as defined in RSA 458:16-a, II(l)
- The federal tax consequences of the order
Modification of Alimony in New Hampshire
New Hampshire statute 458:19 Alimony states "In any proceeding for modification of an existing alimony order, the earned or unearned income and social security disability payments of a spouse of the obligor party shall not be considered a source of income to that obligor party for the purpose of modification, unless the obligor party resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of a subsequent spouse may be imputed to the obligor party only to the extent that such obligor party could have earned income in his or her usual employment. In such actions, the court may consider the veteran's disability benefits of a spouse of the obligor party to the extent permitted by federal law. "
New Hampshire statutes regarding alimony can be found here: New Hampshire statutes
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