Alimony is always hot topic in matters of divorce. Not everyone understands on what basis it is determined and if awarded, how the amount and length of the award is determined.
In New Hampshire, the mystery surrounding alimony certainly is warranted. Unlike child support, in New Hampshire, there is no mathematical formula for alimony. There is no chart or graph to guide you. It is a determination made by the Court’s consideration of a number of factors, the most important of which is “need.”
To decide if alimony should be awarded, the New Hampshire Courts look to RSA 458:19(IV)(b), and consider the following factors:
length of the marriage
health, social or economic status
amount and sources of income
the property awarded under RSA 458:16-a
needs of each of the parties
opportunity of each for future acquisition of capital assets and income
fault of either party as defined in RSA 458:16-a, II(l)
federal tax consequences of the order.
Alimony can be awarded in a lump sum (all at once) or in monthly/weekly payments.
Therefore, the onus is on the parties to make arguments to the Court, using these factors as to why alimony should or should not be awarded, the amount to be awarded and for how long it should be awarded. It is the argument that you are able to put forth that will make the difference in whether or not you receive, or have to pay, alimony.
Don’t let a mistake in your argument cost you now, and in the future. Contact us to review your case and represent your interests in your New Hampshire alimony cases. (603) 373-0545