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, except as is outlined by the alimony statute. 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 & Kerrigan for a consultation. Let Hamblett & Kerrigan use their experience to your advantage.
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 has previously served on the Public Education Advisory Panel of the Academy and Professional Development Committee. He is also a founding member of the American Academy for Certified Financial Litigators and a member of the Collaborative Law Alliance of New Hampshire. AV Preeminent Rated by Martindale-Hubbell. Recipient of the 2014 Nationally Ranked Top 10 Attorney Award from the National Academy of Family Law Attorneys (NAFLA). You can reach Attorney Rauseo at firstname.lastname@example.org.