Alimony in New Hampshire

Under New Hampshire law, the court's power to award alimony is derived solely from statute.  A court has no independent ability to make an alimony award, but, instead, must follow the statutory provisions as enacted by the state legislature.  In accordance with the relevant statutory provisions, a court must find, prior to making an alimony award, that one party has a need for support and the other party has the ability to pay.  When a person requesting alimony has sufficient income to meet his or her expenses, it is inappropriate for the court to make an alimony award, even if the award is minimal.  Even if the requesting party does not have sufficient income, but has the ability to make income sufficient to cover his or her expenses, the court may not award alimony.  Further, while the court may consider marital fault in awarding alimony, the court may not use alimony to punish a spouse for his or her conduct during the marriage.  Unlike child support, there are no guidelines for the issuance for the amount of alimony.  Instead, the amount of alimony is determined bases upon the court's findings consistent with the alimony statute. 

If you have any questions regarding your entitlement to alimony or your obligation to pay alimony, please contact an attorney at Hamblett and Kerrigan for a consultation.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A.  He concentrates his practice in the areas of civil litigation, medical malpractice, personal injury, insurance defense and family law. He is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo at krauseo@nashualaw.com.

To read additional Family & Divorce Articles, Click Here.

To return to the Legal Articles Home Page, Click Here.

To return to the Hamblett & Kerrigan Home Page, Click Here.