Alimony and Spousal Support in New Hampshire
How New Hampshire decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: Term alimony is the lesser of the recipient's reasonable need or a formula based on 23 percent of the difference between the spouses' gross incomes. RSA 458:19, 458:19-a
| Alimony (spousal support) | Term alimony is the lesser of the recipient's reasonable need or a formula based on 23 percent of the difference between the spouses' gross incomes. The maximum duration is 50 percent of the length of the marriage, unless the spouses agree otherwise or justice requires an adjustment. The court may adjust amount or duration based on factors such as health, financial dependency, employability, a child's special needs, and either spouse's conduct during the marriage. Source: RSA 458:19, 458:19-a |
|---|---|
| Dividing property | New Hampshire uses equitable distribution with a presumption that an equal division is equitable. Property subject to division includes all property belonging to either or both spouses, including property owned before the marriage and property received by gift or inheritance; the court may consider those sources, along with factors such as length of the marriage, each spouse's age, health, income, earning capacity and contributions, fault that caused substantial pain or economic loss, and prenuptial agreements, in deciding whether an unequal division is appropriate. Source: RSA 458:16-a |
More New Hampshire divorce & family law
- Getting a Marriage License in New Hampshire
- Adopting a Child in New Hampshire
- Guardianship of a Child or Adult in New Hampshire
- Establishing Paternity in New Hampshire
- Changing Your Name in New Hampshire
- Child Custody Laws in New Hampshire
- How Child Support Is Calculated in New Hampshire
- How to File for Divorce in New Hampshire
- Legal Separation and Annulment in New Hampshire
- All New Hampshire divorce & family law rules
FAQ
How is alimony decided in New Hampshire?
Term alimony is the lesser of the recipient's reasonable need or a formula based on 23 percent of the difference between the spouses' gross incomes. The maximum duration is 50 percent of the length of the marriage, unless the spouses agree otherwise or justice requires an adjustment. The court may adjust amount or duration based on factors such as health, financial dependency, employability, a child's special needs, and either spouse's conduct during the marriage.
Is New Hampshire a community property state?
New Hampshire uses equitable distribution with a presumption that an equal division is equitable. Property subject to division includes all property belonging to either or both spouses, including property owned before the marriage and property received by gift or inheritance; the court may consider those sources, along with factors such as length of the marriage, each spouse's age, health, income, earning capacity and contributions, fault that caused substantial pain or economic loss, and prenuptial agreements, in deciding whether an unequal division is appropriate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.