Alimony, also known as spousal support, is financial assistance that one former spouse may be required to pay the other after a divorce. In New Hampshire, it is not unusual for alimony arrangements to be modified after the divorce is finalized. While state law outlines the requirements for modifying alimony, the process can be complex and challenging to navigate without a strong understanding of the legal framework.
If you’re considering a change to your current alimony order, contact Friedman & Bresaw, PLLC at (603) 707-4800 to schedule an initial consultation and explore your options.
Factors New Hampshire Courts Use to Determine Initial Alimony
Absent a prenuptial agreement, an initial alimony determination (the one that one ex-spouse may later seek to modify) becomes a part of the final divorce decree. Courts take into account the following factors in determining the amount and duration of an initial alimony determination:
- The duration of the marriage;
- The income, assets, and earning capacity of each spouse;
- The income and assets of each spouse at the time of the marriage;
- How much each spouse contributed to the other’s education or earning power (one spouse quit college and went to work so the other spouse could afford to attend medical school, for example);
- The standard of living the dependent spouse enjoyed during the marriage;
- Each spouse’s responsibility for the care of relatives (whether one spouse has sole physical custody of children, for example)
- The age of each spouse; and
- The health of each spouse.
The court applies a balancing test to these factors–no one factor is necessarily decisive.
Types of Alimony
New Hampshire law provides for three distinct types of alimony, each designed to meet different needs during and after a divorce.
- Temporary support is available even before a divorce is finalized. A dependent spouse may receive this form of alimony during the divorce process to help cover living expenses and maintain stability. Temporary support ends once the final divorce decree is issued.
- Rehabilitative support is intended to help the dependent spouse become self-sufficient. This type of alimony often supports educational or vocational training that enables the recipient to reenter the workforce or advance their career.
- Permanent support may be awarded in cases where the dependent spouse is unlikely to ever achieve financial independence. This could be due to advanced age, chronic illness, or a permanent disability. Permanent support may continue indefinitely, often until the death of the recipient.
Each type of alimony serves a unique purpose, and the court determines which form is appropriate based on the specific circumstances of the case.
Modification of Alimony Through Prenuptial Agreement
New Hampshire family law permits couples to customize certain aspects of alimony through a prenuptial agreement. If both parties agree to terms that differ from the state’s default alimony rules—and those terms are not clearly unfair to either spouse—the court may uphold the agreement. At Friedman & Bresaw, PC, we work to ensure that your prenuptial agreement is thorough, enforceable, and tailored to protect your long-term interests.
Modification of Alimony Through a “Substantial Change in Circumstances”
When one party requests a modification to an existing alimony order in New Hampshire, the court will review several key factors. Below is a streamlined overview of the most common considerations that may influence the outcome of a modification request:
1. Death of Either Party
Alimony obligations automatically terminate upon the death of either the paying or receiving spouse—unless a divorce decree or settlement agreement specifically states otherwise. Simply put, alimony cannot be paid or received once a party passes away.
2. Remarriage of the Receiving Spouse
If the dependent (receiving) spouse remarries, the paying spouse’s alimony obligation generally ends. However, if the new marriage ends in divorce, the dependent spouse has five years from the date of that remarriage to petition the court for reinstatement of alimony.
3. Cohabitation by the Receiving Spouse
When a dependent spouse begins living with a romantic partner, alimony may be reduced or terminated. If the new relationship is financially supportive, stable, and long-term, the court may determine that continued alimony is no longer appropriate. Like remarriage, the dependent spouse has a five-year window to request reinstatement if cohabitation ends.
4. Retirement of the Paying Spouse
Retirement, especially if anticipated at the time of divorce, typically doesn’t justify an alimony modification. Courts often take planned retirement into account when setting original alimony terms. However, if retirement is unexpected or occurs earlier than planned, the court may consider a reduction in the paying spouse’s alimony obligations.
5. Illness or Injury
A serious illness or injury can alter a party’s financial circumstances.
- If the paying spouse suffers a health issue that significantly reduces their earning capacity, it may support a request to reduce alimony—unless the condition was known or foreseeable at the time of the divorce. Workers’ compensation or disability benefits received by the payor are included in their income and can affect the court’s decision.
- If the receiving spouse becomes ill or injured, it could justify an increase in alimony due to heightened financial need. Again, any workers’ compensation benefits will be counted as income and may influence the outcome.
6. Involuntary Unemployment of the Paying Spouse
If the paying spouse loses their job through no fault of their own, a court may consider modifying alimony. The judge will evaluate the circumstances of the unemployment, including the duration and any good-faith efforts to find new work.
7. Voluntary Unemployment or Underemployment
If the paying spouse chooses to quit their job or reduce their hours voluntarily, the court is unlikely to lower alimony obligations. Judges generally expect individuals to maintain employment consistent with their skills and earning potential unless a valid reason is presented.
8. Inheritance
Inheritance can also affect alimony orders:
- If the receiving spouse gains a substantial inheritance, the court may decide to reduce or terminate alimony based on improved financial stability.
- If the paying spouse receives an inheritance, the court might consider increasing alimony. However, this is not automatic; if the dependent spouse’s financial needs remain unchanged, no adjustment may be necessary.
Each case is unique, and the court will assess these factors based on the specific facts and financial details involved. Understanding how these circumstances might apply to your situation is the first step toward making informed decisions about alimony modifications.
How to Seek Modification of Alimony
The process for requesting a modification of alimony in New Hampshire follows a structured legal procedure:
- File a Petition to Modify Alimony
Begin by submitting a formal petition to the appropriate New Hampshire family court, outlining the reasons for the requested change. - Notify the Other Party
Ensure proper legal notice is given to the other party through service of process, as required by law. - Submit Supporting Documentation
The court will likely require a range of financial records and disclosures. Be prepared to provide detailed documentation that supports your request for modification. - Attend a Court Hearing
Both parties will have the opportunity to present their cases at a scheduled hearing. The judge will review all evidence and arguments before making a determination. - Await the Court’s Decision
After the hearing, the judge will issue a ruling. If the court finds that there has been a substantial change in circumstances, it may grant a modification of the alimony order.
Contact an Experienced New Hampshire Family Lawyer Regarding Your Alimony Modification Questions
Modifying alimony after a divorce can be a complex and nuanced process, with many potential pitfalls along the way. Even small missteps can have serious consequences. Rather than navigating it alone, consider reaching out to Friedman & Bresaw, PC at (603) 707-4800. We can review your situation, explain your options clearly, and help you move forward with confidence.
