Divorce Alimony in New Hampshire

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The concept of spousal maintenance was introduced in earlier years, when the women used to be the homemakers and men, the breadwinners. Financial support was offered to a woman, as she was unable to earn for her requirements after dissolution of marriage. However, the social norms and conditions have drastically changed. Nowadays, both partners have equal opportunities to make a living. Though the concept of spousal support is still prevailing, it is not granted on the basis of gender. Like other states, divorce alimony in New Hampshire is awarded to a spouse, who is lagging behind financially.

In this state, the court is empowered with a broad discretion regarding the amount and duration of the grant of spousal support. However, the court must clarify the reasons for denial or acceptance of this award. The modification in court order is allowed only if the court is convinced that such alteration is essential.

Guidelines observed in New Hampshire Divorce Alimony

The court ponders over the following factors before making a decision regarding the terms of the court order -

  • Due to the award of spousal maintenance, what would be the Federal tax consequences on each party?
  • The fault of either spouse in marital life. Any kind of marital misbehavior is to be considered.
  • Do any of the partners have a chance of future acquisition of capital income and assets? If yes, what will be the value of such property?
  • The vocational skills and employability of both partners.
  • The requirements, liabilities and estate of both partners.
  • During the court proceedings, what property has been allocated to each party?
  • The sources of income of both spouses. Whether these sources are of fixed or flexible nature.
  • The occupations of the partners. The maximum output received from respective professions.
  • The economic status, social level, health and age of both parties.
  • The duration of marital life.

Circumstances in which Alimony is awarded in New Hampshire

  • The spouse is the custodian of a child and the circumstances and conditions of the child force this parent to remain at home for full time. This prevents him or her from seeking an appropriate job.
  • The spouse requesting for spousal support is not capable of supporting self by means of proper employment that would ascertain a standard of living that fulfills the reasonable requirements of this spouse.
  • The partner who would be paying monitory support is capable of fulfilling their own requirements as well as those of the partner seeking maintenance. Also, the payer should be able to meet all previous obligations, if any.
  • The requesting party is in dearth of adequate income and/or property, inclusive of the marital property allocated during divorce proceedings, to retain the standard of living with which this party is conversant with since marital life.

Highlights of New Hampshire Alimony

  • It is compulsory that the spouse seeking such support must raise a request for this money in the pleadings.
  • If a request for permanent maintenance is not made in the pleadings, the court does not allow such a spouse to raise this issue during the final hearing.
  • The spouse from whom support is demanded must be given a fair notice regarding it. The intention of this step is that this spouse may defend against this request if desired.
  • Spousal maintenance is a taxable payment. The payer may deduct this amount from his/her gross income and the recipient has to add this amount while paying the annual returns.
  • As per N.H. RSA 458:19, I, the alimony might be granted for a definite or indefinite duration. In the previous versions of this statute, there was a three year limit on spousal support, if the couple did not have children. However, this may vary from case to case, depending on the relevant situation of the spouses.

How the Alimony Order is terminated?

There are different parameters to stop payment of spousal maintenance. Permanent assistance, which is provided in long-term marriages, is ceased once the recipient enters into cohabitation with other person or legally marries someone. Also, death of the beneficiary is one reason for the termination of the court order in this regard. If the spouse is awarded temporary support, he or she can take this advantage till the divorce decree is announced. Afterwards, such order will be invalid by law.

This is the general idea about divorce alimony in New Hampshire and related rules. The spouses may opt for a mutual agreement in this matter. In such case, they may approach an attorney or any legal expert to draft an agreement regarding the terms of spousal support. Such agreement is to be submitted in the court to get it approved.

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