Going through a divorce is a profoundly personal and often challenging experience. Amidst the emotional complexities, there are significant financial considerations that need careful attention. One such consideration is alimony, also known as spousal support. Understanding its purpose and how it's determined can provide clarity and help you navigate this difficult transition with greater confidence.
What is Alimony and Why is it Awarded?
Alimony is a payment made by one spouse to the other after a divorce, either temporarily or permanently, to help the recipient maintain a reasonable standard of living. It's not about punishing one party or rewarding the other. Instead, it's designed to address financial disparities that may arise after a marriage ends, particularly when one spouse has a greater earning capacity or has sacrificed career opportunities for the benefit of the family.
In New Hampshire, the law recognizes that a divorce can significantly impact a spouse's ability to be self-supporting, especially if they've been out of the workforce for an extended period, dedicated themselves to raising children, or supported their partner's career advancement. Alimony aims to provide a bridge during this transitional period, allowing the recipient to gain education, training, or sufficient employment to become financially independent.
How is Alimony Determined in New Hampshire?
New Hampshire law does not automatically grant alimony in every divorce case. Instead, the court evaluates a motion for alimony based on specific criteria. Generally, alimony may be awarded if:
Need: The party seeking alimony lacks sufficient income, property, or both, to provide for their reasonable needs, taking into account the lifestyle established during the marriage.
Ability to Pay: The party from whom alimony is sought is able to meet their own reasonable needs while also meeting those of the party seeking alimony.
Self-Sufficiency: The party in need is unable to become self-supporting through appropriate employment at a standard of living that meets their reasonable needs, or is the primary caregiver for a child whose circumstances make it difficult to seek outside employment.
Once these conditions are met, the court considers a range of factors to determine the amount and duration of alimony. These factors include:
Length of the Marriage: Longer marriages are generally more likely to result in alimony awards.
Age and Health of Both Parties: The physical and mental health, as well as the age, of each spouse can impact their earning potential and need for support.
Social and Economic Status: The court considers the standard of living enjoyed during the marriage.
Occupation, Income, and Earning Capacity: This includes current income, potential future income, vocational skills, and the employability of both spouses.
Property Awarded: The assets received by each party in the property division are taken into account.
Liabilities and Needs of Each Party: The court assesses the financial obligations and necessities of both spouses.
Contributions to the Marriage: This includes both financial and non-financial contributions, such as childcare, homemaking, or supporting a spouse's education or career.
Opportunity for Future Acquisition of Assets and Income: The court considers each party's potential to acquire wealth and income in the future.
Fault in the Breakdown of the Marriage: While not the primary factor, marital fault may be considered if it directly caused substantial economic loss or severe suffering.
As of recent changes to New Hampshire law, a specific formula may be applied: the lesser of either the reasonable needs of the payee spouse or 23% of the difference between the divorcing couple's gross income. However, judges retain discretion to adjust this formula if justice requires it, considering the unique circumstances of each case.
Types of Alimony
New Hampshire courts can award different types of alimony:
Temporary Alimony: Provided during the divorce proceedings to cover living expenses.
Rehabilitative Alimony: The most common type, awarded for a short-term period to allow a spouse to acquire the skills or education needed to become self-sufficient.
Permanent Alimony: Less common, typically reserved for long-term marriages where one spouse is genuinely unable to become self-supporting due to age, health, or a significant absence from the job market.
Reimbursement Alimony: Designed to compensate one spouse for financial contributions made to the other's education or career during the marriage.
Navigating Alimony with Professional Guidance
Divorce, and particularly the issue of alimony, can be intricate. The laws are complex, and the outcome can significantly impact your future. Having knowledgeable and compassionate legal counsel by your side is essential to ensure your rights are protected and your interests are well-represented.
If you are a New Hampshire couple facing divorce and have questions about alimony or any other family law matter, please contact the dedicated team at Douglas, Leonard & Garvey, P.C.. We offer experienced guidance in family law matters here in New Hampshire, working tirelessly to achieve equitable solutions and help you move forward.
Call us today at (603) 288-1403 for a consultation.