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.
How Alimony Works In the State of New Hampshire
If you are in the process of obtaining a divorce in the state of New Hampshire, then you might be wondering if it is possible for you to obtain alimony, which is also referred to as spousal support. The answer is yes, but there are eligibility requirements set forth by the state of New Hampshire that must first be met. Traditionally, alimony has been awarded before solely to females; however, this is no longer true. Rather, the court system will examine the finances and circumstances of each party when making the decision whether or not to award alimony.
How Is Alimony Awarded?
In order to award spousal support, the New Hampshire court must be determined three things:
§ The spouse who is requesting alimony does not possess enough property, income, or both to meet their reasonable needs, as compare to the type of lifestyle the couple entertained through their marriage.
§ The spouse from whom spousal support is being requested must be able to meet the financial needs of themselves and their former spouse again considering the lifestyle the couple maintained throughout their marriage.
§ The spouse who is requesting alimony cannot financially support themselves or are required to care for a child who needs are such that the parent cannot work outside of the home.
In essence, the New Hampshire court system, must determine that the spouse who is seeking spousal support truly needs it and that the spouse from whom it is being requested can afford to pay it.
How Much Alimony Will the Court Award?
New Hampshire alimony statues dictate that a variety of factors must be considered when determining how much alimony is to be awarded, including:
§ The length of the marriage
§ The socioeconomic status, health, and age of each spouse
§ Each person’s occupation
§ The source and amount of each spouse’s income
§ How much property each spouse was awarded in the ensuing divorce
§ The employability and vocational skills of each spouse
§ The ability of each spouse to earn future income
§ The fault of either spouse in the divorce
§ The federal tax consequences of awarding alimony to either spouse
The New Hampshire court system maintains broad discretion in deciding whether or not alimony should be awarded, for how long, and the monetary amount. However, the court is required to stay, in its order, why alimony is being awarded or denied.
When Should an Alimony Request Be Made?
An alimony request must be made during divorce proceedings. If alimony was not requested during the party’s initial pleadings, then it cannot be raised during the final hearing. The party whom is being requested to pay alimony must be given advanced warning so that they can devise a defense against the request.
To find out more about how alimony operates in the state of the New Hampshire or to request assistance with your own divorce proceedings, please contact one of our experienced New Hampshire divorce attorneys today. You future financial security could depend on it.
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