Roy Weddleton

What We Do

1. Can I get alimony in New Hampshire?
   
   Yes.  RSA 458:19 allows for alimony for either party but only under certain circumstances.




2. What are the criteria and circumstances necessary to receive an award of alimony?
   
   The statute outlines three findings a Court must make before considering an award of alimony:

   • The party in need lacks sufficient income, property or both, including property apportioned in accordance with [the property distribution statute RSA 458:16-a], to provide for such party's reasonable needs, taking into account the style of living to which the parties have become accustomed during the marriage.
   
   
   
   • The party from whom alimony is sought is able to meet reasonable needs while meeting those of the party seeking alimony, taking into account the style of living to which the parties have become accustomed during the marriage.
   
   
   
   • The party in need is unable to be self-supporting through appropriate employment at a standard of living that meets reasonable needs or is the custodian of a child of the parties whose condition or circumstances make it appropriate that the custodian not seek employment outside the home.
   
   
   In other words, one party has to show they are in need and the other party must demonstrate an ability to pay.



3. How much alimony can I get?
   
   Once again the statute [RSA 458:19, IV(b)] is very specific and says in determining the amount of alimony, the Court shall consider:
   
   
   • length of marriage;
   
   
   
   • the age, health, social or economic status;
   
   
   
   • occupations and amounts and sources of income;
   
   
   
   • the property settlement;
   
   
   
   • vocational skills, employability, estate, liabilities and needs of each of the parties;
   
   
   
   • the opportunity of each for the future acquisition of capital assets and income;
   
   
   
   • the fault of either party as defined by RSA 458; and
   
   
   
   • federal tax consequences.



4. Are there any tax issues to be considered?
   
   Yes, very simply alimony is taxable as income to the recipient and deductible by the payor spouse.  In other words, the recipient is going to have to pay income tax on the alimony.

If you have questions or want additional information, Call Attorney Weddleton 603-223-6613 or e-mail him rweddleton@millerlawnh.com