Spousal Support in New Hampshire

Eligibility for term alimony

Under RSA 458:19-a, a court may order term alimony if the requesting spouse proves three things. First, the spouse lacks sufficient income, property, or both, to meet their own reasonable needs. Second, the spouse cannot become self-supporting through appropriate employment, or has primary parental responsibilities that justify limiting outside work. Third, the other spouse can meet their own reasonable needs while also paying support. All three parts must be shown.

This three-part structure means New Hampshire courts look closely at both spouses' finances at once, instead of focusing only on what the requesting spouse needs.

Duration: capped at half the length of the marriage

New Hampshire limits the default length of term alimony. The cap is 50% of the length of the marriage. Two exceptions apply. The parties can agree to something different. Or the court can find that justice requires an adjustment. This built-in cap is more concrete than the duration rules many states use. Still, the court keeps discretion to depart from it, for good reason stated on the record.

Factors that can adjust the amount

Beyond the basic eligibility test, New Hampshire courts can adjust the amount of alimony. They look at special circumstances, including a party's health or disability, and how long the requesting spouse has been financially dependent. They also consider employment skills and employability, and voluntary unemployment or underemployment. Other factors are a child's special needs, marital misconduct or abuse, and differences in expected Social Security benefits. Courts also weigh diminution of assets and the tax consequences of the award.

Reimbursement alimony and termination

Reimbursement alimony works differently from term alimony. It compensates a spouse for contributions made to the other spouse's earning capacity, career, or education during the marriage. This kind of alimony is capped at a maximum of five years. It generally cannot be modified except by agreement of the parties. Term alimony, by contrast, ends when the recipient remarries, unless the parties agreed otherwise.

New Hampshire's statute also ties support to the difference between the parties' incomes, using a formula. The exact percentages in that formula, and how they interact with recent federal tax changes, aren't listed on this page. Check the statute or a New Hampshire family court self-help resource for the exact calculation before you rely on a specific number. A wrong figure could throw off an entire settlement discussion.

Where New Hampshire alimony cases are filed

Divorce cases in New Hampshire, including any request for alimony, are filed in the family division of the circuit court for the county where one spouse resides. Alimony, property division, and any parenting-related issues are generally decided together in the same case. New Hampshire's alimony statute distinguishes term, temporary, and reimbursement alimony very specifically. It helps to identify early which type fits your situation, since that affects both the eligibility test and the paperwork the court expects to see. The circuit court clerk's office can confirm current local forms and procedures.