Hamblett & Kerrigan : Incarcerated Spouse Is Not Entitled To Alimony

Incarcerated Spouse Is Not Entitled To Alimony

A recent decision from the New Hampshire Supreme Court upheld a trial court's denial of alimony to an incarcerated spouse. The Supreme Court reasoned that during the incarceration the former spouse's basic needs will be met and, thus, he/she does not lack sufficient income property or both to provide for his/her reasonable needs. Because the incarcerated former spouse does not have a need for income while in prison, an alimony award would be unjustified.

If you have any questions regarding alimony, please feel free to contact Kevin P. Rauseo, Esquire at Hamblett and Kerrigan.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and serves on the Public Education Advisory Panel of the Academy. He also is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo at krauseo@nashualaw.com.

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