New Hampshire Alimony FAQ's

1. Can alimony be awarded in New Hampshire?
Yes. The New Hampshire Revised Statutes Annotated Chapter on Divorce and Separation has a specific statute providing that alimony may be awarded in certain circumstances.

2. What are those "certain circumstances"?
There are three findings a Court must make before considering an award of alimony. They are the following:

A. That the party seeking alimony "lacks sufficient income, property or both, including property apportioned in accordance with [the property distribution statute], to provide for his reasonable needs, taking into account the style of living to which the parties have become accustomed during the marriage." N.H. RSA 458:19 I (a).

B. That "[t]he party from whom alimony is sought is able to meet his reasonable needs while meeting those of the party seeking alimony, taking into account the style of living to which the parties have become accustomed during the marriage" N.H. RSA 458:19 I (b).

C. That "[t]he Party in need is unable to support himself through appropriate employment at a standard of living that meets his reasonable needs or is the custodian of a child of the party's whose condition or circumstances make it appropriate that the custodian not seek employment outside the home." N.H. RSA 458:19, I (c).

Basically, there must be a finding of need on the part of the proposed recipient and a finding of an ability to pay on the part of the proposed payor.

3. How much will the Court award?
The alimony statute sets out various factors a Court must consider in deciding the amount of alimony to award. They include the following:

1. length of marriage;
2. the age, health, social or economic status of the parties;
3. the parties occupations;
4. amounts and sources of income;
5. the property awarded to either party;
6. vocational skills, employability, estate, liabilities and needs of each of the parties;
7. the opportunity of each for the future acquisition of capital assets and income;
8. the fault of either party as defined by statute;
9. federal tax consequences of an alimony award to each party.

N.H. RSA 458:19, IV.

The Court has broad discretion in determining whether or not to award alimony, for how long and in what amount subject to the above statutory guidelines. It must, however, set forth specific reasons for an award or denial of alimony in its Order.

4. What are the Federal tax consequences to each party of an alimony award?
Alimony is taxable as income to the recipient spouse and is deductible by the payor spouse.

5. When must a request for alimony be made?
A request for alimony must be raised in pleadings. The Court will not allow a party to raise the issue of alimony at the final hearing if it was not requested in the party's pleadings. The party from whom alimony is sought must be given fair notice so that they may defend against such a request.

6. How long will the Court award alimony for?
Alimony may be awarded "either temporary or permanent, for a definite or indefinite period of time." N.H. RSA 458:19, I. Prior versions of this statute did provide a three year limit on alimony in cases where there were no minor children. Such limitations have since been removed altogether thereby allowing an award of alimony to be permanent if the facts of the case warrant it.