In the case of Ruth Kinick and Wayne Bailey , the Supreme Court addressed whether a deadline applies for a spouses' request for alimony made following a final divorce decree. The Supreme Court held that a spouse has only 5 years from the date of the divorce to make a request for alimony.

In the Kinick case, the parties were married in 1983 and were divorced in 1996. In their divorce decree, they agreed that neither would pay alimony to the other. However, 10 years after the divorce, the wife filed a motion for alimony.

In her motion, the wife alleged that a recent medical condition prevented her from working and therefore, she needed alimony to meet her daily needs. The husband sought to dismiss the claim arguing that a recently enacted statute (RSA 458:19, I) limited the wife's ability to claim alimony to 5 years after the divorce. The wife argued that because the statute was not in existence at the time the couple divorced, the statute having been enacted in 2001, it did not apply to her case.

The Supreme Court disagreed and held that the statute at issue could be applied retroactively, meaning the statute could apply to divorce decrees that were in existence prior to its passage. The Supreme Court explained that when the couple divorced in 1996, neither party sought alimony for the other. Because of this, neither party had a “substantive” or “vested” right to an alimony award. As a result, the 5 year limitation set forth in RSA 458:19, did not affect a party's substantive rights, and could be applied retroactively.

Andrew J. Piela is an associate attorney at Hamblett & Kerrigan, P.A. His legal practice includes civil litigation, family law, land use litigation and probate. You can reach Attorney Piela by e-mail at: apiela@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.