Alimony in New Hampshire: Who Gets It, How Much and for How Long

Alimony is one of the most misunderstood parts of a New Hampshire divorce. Since the state's alimony law was overhauled, effective in 2019, alimony is much more predictable than it used to be. Here is how it generally works: who can receive it, how much, and for how long.

The types of alimony in New Hampshire

New Hampshire law, RSA 458:19-a, recognizes a few kinds of alimony:

• Term alimony. Regular payments for a set period of time. This is the most common type.
• Reimbursement alimony. Compensation for a spouse who contributed to the other spouse's education, training or earning power, when the property division does not fairly account for it.
• Temporary alimony. Support ordered while the divorce is pending, before the final decree.

Who can get alimony?

Alimony is not automatic, and it is not based on gender. Either spouse can ask for it. In general, the court looks at whether one spouse has a real need for support and whether the other spouse has the ability to pay, after considering the property each spouse will receive in the divorce.

How much is term alimony?

New Hampshire uses a formula as the starting point. Term alimony is generally the lesser of:

• The receiving spouse's reasonable need, or
• 23% of the difference between the spouses' gross incomes.

Child support is factored in: support paid for the couple's children is subtracted from the paying spouse's income, and support received is added to the receiving spouse's income.

A simplified example: if one spouse earns $120,000 a year and the other earns $40,000, the difference is $80,000. Twenty-three percent of that is $18,400 a year, or about $1,533 a month. If the receiving spouse's reasonable need is lower than that, the lower number generally controls.

This example is for illustration only. Actual alimony depends on the full financial picture and the court's findings.

How long does alimony last?

Term alimony generally cannot last longer than 50% of the length of the marriage, unless the spouses agree otherwise or the court finds that justice requires a different result. A 10-year marriage, for example, would generally mean no more than 5 years of term alimony.

Term alimony also generally ends if the receiving spouse remarries, unless the agreement says otherwise. In addition, unless the spouses agree otherwise or special circumstances apply, term alimony generally ends when the paying spouse reaches full retirement age or actually retires, whichever is later.

When can the court go above or below the formula?

The formula is a starting point, not the final word. The court can adjust the amount or duration for special circumstances, such as:

• A spouse's health or a child's special needs
• A spouse's ability to find work, or a spouse who is voluntarily unemployed or underemployed
• How the property is being divided
• A spouse's conduct during the marriage, including abuse
• Tax consequences and other material factors

The spouse asking for the adjustment has to prove why it is justified.

Is reimbursement alimony different?

Yes. Reimbursement alimony compensates a spouse for contributions to the other spouse's earning ability, such as supporting the household while the other spouse finished a degree. It must be requested before the final decree, is generally limited to five years from the decree unless the spouses agree otherwise, and cannot be modified later except by agreement.

Can alimony be changed after the divorce?

Sometimes, but the bar is high. In a contested case, the court generally must find clear and convincing evidence of a substantial and unforeseeable change in circumstances, that the change would not cause undue hardship, and that justice requires it. Cohabitation by the receiving spouse can also be a separate basis to modify or end alimony. Because these rules are specific, it is worth getting advice before assuming an order can or cannot be adjusted.

The bottom line

New Hampshire alimony is more formula-driven than many people expect, but the details, including how income is counted, what counts as reasonable need and whether special circumstances apply, can make a significant difference in both the amount and the length of payments.

This article is for general informational purposes only and does not constitute legal advice. Laws change, and how they apply depends on the specific facts of your case. Reading this article or contacting Granfield Legal Services does not create an attorney-client relationship. Attorney advertising.