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Incarcerated Spouse Is Not Entitled To Alimony

On Behalf of | May 22, 2012 | Divorce & Family

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 or other support matters, please feel free to contact an attorney at Hamblett & Kerrigan.


Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court.  Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.