New Hampshire Alimony Laws

Alimony is known as “spousal support” in New Hampshire.

It is crucial to know that in New Hampshire, spousal support is normally given for a certain amount of time, after which it may be changed or discontinued. Depending on the facts of each case, the court may grant either interim or permanent spousal support.

If you are seeking spousal support in New Hampshire, you should speak with a family law attorney who can guide you through the process and defend your rights under New Hampshire alimony laws.

How Do You Qualify for Alimony in New Hampshire?

The state bases the amount and length of alimony in New Hampshire on several variables, including:

1. The duration of the marriage: Generally, the longer the marriage, the greater the responsibility to provide spousal support.
2. Income and earning ability of each spouse: This comprises each spouse’s present income and future earning potential.
3. The level of living established during the marriage: When assessing the amount of spousal support, the court will consider the standard of living established during the marriage.
4. The age, health, and education of each spouse: When calculating the amount and duration of spousal support, the court may consider each spouse’s age, health, and education.
5. Each spouse’s contribution to the marriage: This covers both monetary and non-monetary efforts, like housework and child-rearing.
6. The supported spouse’s capacity to become self-sufficient: The court will assess the supported spouse’s ability to become self-sufficient and support themselves via work or other means.

The court will examine all of these considerations, as well as any other relevant facts, in deciding whether to award spousal support and the amount and length of such support. It is suggested that if you seek spousal support in New Hampshire, you speak with a family law expert who can assist you in understanding your rights and guide you through the process.

How Much Alimony Can You Receive in New Hampshire?

The factors to calculate your alimony is established by the court and is based on several variables, including:

1. The duration of the marriage: A longer marriage may need more spousal assistance.
2. Each spouse’s income and earning capacity: The court will assess each spouse’s existing income and earning potential and whether one spouse can generate more revenue than the other.
3. Standard of living: The court will consider the level of living established during the marriage and whether the supported spouse will be able to maintain that quality of living in the absence of spousal support.
4. Each spouse’s age, health, and education: The court may examine each spouse’s age, health, and education, as well as whether these variables affect their capacity to support themselves.
5. Each spouse’s contribution to the marriage: This covers both monetary and non-monetary efforts, like housework and child-rearing.
6. The supported spouse’s capacity to become self-sufficient: The court will assess the supported spouse’s ability to become self-sufficient and support themselves via work or other means.

All of these elements, as well as any other relevant facts, will be considered by the court in establishing the amount of spousal support to be granted. It is crucial to know that in New Hampshire, spousal support is normally given for a certain amount of time, after which it may be changed or discontinued.

Alimony awards are usually calculated following the divorce process, after the parties have settled all other divorce-related matters, such as property distribution and child custody. If you are seeking spousal support in New Hampshire, you should speak with a family law attorney who can guide you through the process of calculating alimony awards and defend your rights.

How Long Does Alimony Last in New Hampshire?

If the court rules that alimony is appropriate in New Hampshire, a formula calculates the amount of support. This formula accounts for 30% of the parties’ gross revenues. Any alimony and child support payments, even for the couples’ shared children, are deducted from the paying party’s income, as are any health insurance or other costs that benefit the receiver. Child support received, on the other hand, is added to the recipient’s income.

The maximum period of term alimony in New Hampshire is established at 50% of the length of the marriage unless the parties agree differently or the court deems that a different duration is required. However, a smaller sum may be given if the need for alimony is less than what the algorithm calculates. If the parties agree or the court decides such modifications are required to achieve fairness, the court may adjust the formula amount.

How Do You Petition for Alimony in New Hampshire?

Here is a brief summary of the procedure if you are seeking alimony in New Hampshire:

1. File for divorce: Filing for divorce is the first step in obtaining alimony. You may apply for divorce either jointly or separately with your spouse.
2. Serve divorce papers on your spouse: After filing for divorce, you must serve divorce papers on your spouse. A process server or sheriff usually handles this.
3. File a financial affidavit: In New Hampshire, both parties must complete a financial affidavit, which details your income, spending, assets, and obligations.
4. Submit an alimony motion: Once you have finished your financial affidavit, you may file an alimony motion. This is a formal request for spousal support to the court.
5. Participate at a hearing: A hearing will be set to address your alimony motion. The court will analyze the considerations listed in the New Hampshire alimony rules during the hearing to decide whether an alimony order is appropriate and, if so, the amount and length of the award.
6. Follow the court’s order: If alimony is awarded, you must abide by the provisions of the court’s order. This includes paying alimony payments on schedule and according to any other obligations outlined in the decree.

It is crucial to remember that obtaining alimony in New Hampshire may be complicated and time-consuming. It is strongly advised that you speak with a family law professional who can guide you through the process and preserve your rights.

Where Can You Find the Right Lawyer?

If you are seeking alimony in New Hampshire and are searching for a reputable New Hampshire family lawyer, there are various options available to you:

1. Word of mouth: Ask friends, relatives, or coworkers whether they have used or would suggest a family law attorney.
2. Online directories: LegalMatch enables you to search for New Hampshire family law lawyers by location and field of practice.
3. State bar associations: The New Hampshire Bar Association maintains a list of licensed lawyers in the state, including those who practice family law.
4. Free consultations: Many family law lawyers give free consultations, which allow you to meet with an attorney and discuss your case.
5. Referrals from the court: The court may be able to recommend you to a family law attorney who can help you.

It is critical to thoroughly investigate and interview possible lawyers to identify the best match for you and your case. Consider the attorney’s expertise, reputation, and communication style, and inquire about how they handle alimony cases similar to yours.

A family law attorney can assist you through the procedure and safeguard your rights. Use LegalMatch to find the right lawyer for your case today.