In our blog we will try to provide you with general information regarding family law, as well as updates in important cases and statutes dealing with family law in New Hampshire. This is not to be construed as legal advice. Every case is unique and small facts can make a difference.
A Primer On Alimony In the State of New Hampshire
It never ceases to surprise our family law attorneys the number of prospective clients who come in to meet with us and ask “New Hampshire doesn’t have anything like alimony, does it?” Rest assured, the concept of alimony in New Hampshire is alive and well.
New Hampshire state statute RSA 458:19 governs alimony in our state. NH law states that a party who is requesting alimony must be able to demonstrate a need for it, and the payor must have the financial means to pay for it. Before alimony is awarded, the lifestyles of both parties throughout the course of the marriage are taken into account. When determining the amount of alimony to be awarded, the NH court system also considers the duration of the marriage, the health, age, social standing, economic status, sources and amounts of income, occupation, estate, employability, vocational skills, and liabilities of each party.
Also considered are the federal tax complications of alimony award order and the fault that each party had in the breakup of the marriage.
Here are 6 facts that you should know about how alimony is awarded in the state of New Hampshire:
§ The concept of alimony is considered gender neutral. Both women and men can receive alimony awards in our state.
§ New Hampshire family courts maintain broad discretion when it comes to the awarding of alimony, and New Hampshire does not have a specific formula for calculating either a term or an amount.
§ Divorce stipulations cannot be used to legally waive alimony. State law ensures that either spouse retains the legal right to petition for an alimony award within 5 years from the date of their divorce. Alternately, if alimony was awarded for a defined period of time, then a request for modification must be made within 5 years from the date that the last alimony payment was made.
§ For the payor, alimony is tax deductible. For the recipient, it is classified as taxable income.
§ Alimony is a rehabilitative concept. It is designed to provide financial support for the recipient for a specified period of time in order to enable the recipient to become self-supporting. However, when deemed appropriate, the NH court system can order that alimony be paid for an indefinite period of time.
§ Divorce settlements that feature provisions for alimony payments will frequently include legal language about the termination of alimony once the recipient chooses to remarry or begins to cohabitate with a new romantic interest.
The New Hampshire statutes and laws that govern alimony payments in our state are intricate and complex. In order to ensure that you and your children are well provided for, you need to have an experienced and skilled NH family law attorney working on your behalf. This is where our New Hampshire family law lawyers can step in to offer their assistance.
For a free consultation regarding your case, please contact our law firm today via email, telephone, or through our website.
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