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 ... more
It is common in a divorce case where one party with access to marital funds either spends or transfers property, thereby denying his or her spouse the benefit of the property. A recent New Hampshire Supreme Court Decision affirms that a divorce court has the authority in such instances to award the other spouse one-half ... more
New Hampshire law clearly outlines that a party is only entitled to a fault ground divorce if he or she is an “innocent” spouse. In order to be an innocent spouse, the husband or wife must be “free from guilt”. In other words, the party requesting a fault ground divorce must not also be guilty ... more
Many divorce decrees provide that alimony shall terminate when the recipient spouse is cohabitating with an unrelated adult of the opposite gender. While termination of alimony is common in divorce decrees, the lack of a definition of “cohabitation” has made it difficult for the trial court and for individuals to determine when the provision is ... more
Negative remarks about a worker being “insecure”, “fragile”, or “immature” are gender neutral comments that do not form the basis to support a valid gender employment discrimination claim under federal law. This issue was addressed in the April 10, 2012 United States Court of Appeals for the First Circuit Decision of Myrta Morales-Cruz v. University ... more