Alimony, also called spousal support, is governed by RSA 458:19. New Hampshire courts do not automatically award alimony in every divorce. Instead, the Family Division considers whether an award is appropriate based on the parties' financial circumstances, their standard of living during the marriage, and the statutory factors.

What is alimony in New Hampshire?

Alimony is financial support that one spouse may be ordered to pay to the other after a separation or divorce. Its purpose is to help address economic disparities between the parties when appropriate. Unlike child support, alimony is not calculated using a fixed formula. Instead, the court evaluates the evidence and the factors identified in RSA 458:19 before determining whether an award is fair.

Does every divorce include alimony?

No. Alimony is not automatic. Many divorces conclude without any alimony award. Whether support is appropriate depends on the facts of the case, including each spouse's income, earning capacity, financial needs, the length of the marriage, the property division, and other statutory considerations.

How does a judge decide whether to award alimony?

The Family Division considers numerous factors set forth in RSA 458:19, including the length of the marriage, the age and health of the parties, each spouse's income and employability, vocational skills, contributions to the marriage, opportunities for future acquisition of assets, and the standard of living established during the marriage. No single factor determines the outcome.

 How long does alimony last in New Hampshire?

There is no standard duration for alimony in New Hampshire. The Family Division determines both the amount and duration based on the facts of each case. Depending on the circumstances, alimony may be temporary, rehabilitative, reimbursement-based, or long term. The court considers the statutory factors in RSA 458:19 and fashions an award that is fair and equitable under the circumstances.

Can alimony be modified after a divorce is final?

Yes. In many cases, alimony may be modified if there has been a substantial change in circumstances after the final decree. Examples may include a significant change in income, involuntary job loss, disability, retirement, or other material changes affecting either party's financial circumstances. Whether a particular alimony award is modifiable depends upon the language of the court's order and applicable New Hampshire law.

Does alimony automatically end if my former spouse remarries?

Remarriage may affect an existing alimony award, but it does not automatically terminate every obligation. The answer depends on the language of the divorce decree, the type of alimony awarded, and the applicable law. If your former spouse remarries or there has been another substantial change in circumstances, you should consult an attorney before stopping payments or seeking a modification.

Does living with a new partner affect alimony?

Cohabitation may affect an existing alimony award depending on the terms of the divorce decree and the facts of the case. If either party believes that cohabitation has resulted in a substantial change in financial circumstances, they may petition the Family Division to review the existing order. The court will examine the evidence and applicable law before determining whether modification is appropriate.

Is alimony taxable?

For divorce orders entered under current federal law, alimony is generally not deductible by the paying spouse and is generally not treated as taxable income to the receiving spouse. Tax issues can be complex, particularly when older divorce orders or modifications are involved. Clients should consult both their attorney and tax professional regarding the tax consequences of support payments.

Can a spouse receive alimony if they are employed?

Yes. Employment alone does not prevent a spouse from receiving alimony. The Family Division considers each party's income, reasonable expenses, earning capacity, and financial needs. Even when both spouses are employed, the court may determine that an alimony award is appropriate if the statutory factors support such relief under RSA 458:19.

Can alimony be awarded if the marriage was short?

Yes. Although the length of the marriage is an important factor under RSA 458:19, there is no minimum length of marriage required for an alimony award. In some short-term marriages, alimony may be appropriate if one spouse has a demonstrated financial need and the other has the ability to pay. The court evaluates all of the statutory factors before deciding whether an award is equitable.

What happens if my former spouse does not pay court-ordered alimony?

If a former spouse fails to comply with a valid alimony order, the receiving party may ask the Family Division to enforce the order. Depending on the circumstances, the court may hold the non-paying party in contempt, enter judgment for unpaid amounts, award attorney's fees, or order other remedies authorized by law. It is generally advisable to seek court intervention rather than stopping compliance with other provisions of the divorce decree.

Do I need a lawyer for an alimony case?

While you are permitted to represent yourself, alimony disputes often involve complex financial evidence, valuation issues, vocational earning capacity, tax considerations, and the application of RSA 458:19. A knowledgeable New Hampshire family law attorney can present evidence effectively, negotiate reasonable settlements, and advocate for your interests during mediation or trial.