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.
Alimony in New Hampshire
Alimony is money paid from one spouse to the other during or after a divorce. In New Hampshire there are two main types of alimony. These are rehabilitative and permanent. There are many factors that are considered when determining whether alimony is appropriate and if so, which type of alimony is needed. Alimony isn’t always granted and the circumstances surrounding the details of each divorce are different so it’s always best to talk to an experienced New Hampshire divorce attorney about your case. Your lawyer will review your situation and assist you in determining the best way to proceed. Alimony is ordered by a judge as part of a final order. It is helpful to understand the types of alimony and how it will be decided.
Rehabilitative alimony is alimony that is provided for use while the person prepares to re-enter the workforce. This type of alimony is sometimes ordered when one spouse has been out of the workplace for an extended period of time, sometimes while caring for small children. In order to return to work, the spouse may need to go back to school or take some classes that will improve the skill set necessary to get a job. In the meantime, the spouse may receive alimony that will assist with living expenses until he or she is able to get a job. Rehabilitative alimony is a temporary type of alimony that has a distinct end. Once the spouse is able to return to the workforce the alimony will be completed.
Permanent alimony is money that is paid on a more permanent basis. Permanent alimony may not last indefinitely, however. Permanent alimony is based on needs and on how long the spouse will require assistance. There may be a specific time period ordered or the alimony may continue. Most times, alimony of this type ends if the spouse remarries. Keep in mind that alimony is money that is needed for regular living expenses. If these costs are covered in some other way, there is no longer a need for alimony. Permanent alimony is most often associated with long-term marriages in which one spouse was the main breadwinner while the other did not work.
Factors to Consider for Alimony
There are many factors that will be taken into consideration when determining alimony. The length of the marriage is a major factor – a long marriage where one spouse worked and one didn’t will often result in alimony. Other factors include the ability of each spouse to work, the standard of living that the couple has become accustomed to, the physical and mental health of each spouse, the age of the parties, and the previous work and educational experience. If a spouse has been trained or has experience in a certain field they will be more likely able to find a job and return to work. A divorce is never easy. Before making any agreements you should discuss the matter fully with a knowledgeable New Hampshire divorce lawyer.
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