Alimony

In New Hampshire, RSA 458:19 governs alimony and outlines the standards the courts must use for awarding alimony. There are several other related sections in the same chapter.

The primary purpose of alimony is rehabilitative, and it is designed to encourage the recipient to establish an independent source of income. Rehabilitative alimony is based on the theory that modern spouses are equally able to function in the job market and to provide for their own financial needs. Consequently, the purpose of an order for support is not to provide a life-time profit-sharing plan.

The United States Supreme Court has determined that it is a denial of equal protection for a statute to authorize alimony for a wife but not for a husband. Orr v. Orr, 440 U.S. 268 (1979). If the statutes of this State should be construed to treat husbands less favorably than wives, they would be invalid under the Constitution of the United States. Furthermore, N.H. Const. pt. 1, art. 2 would prohibit discrimination on account of sex.

In determining the amount of alimony, a trial court must consider various factors enumerated in RSA 458:19, IV (2004). Nevertheless, trial courts have broad discretion in awarding alimony

RSA 458:19, I (Supp.2005) authorizes the trial court to award alimony if: (1) the party in need lacks sufficient income, property, or both to provide for his or her reasonable needs, considering the style of living to which the parties have become accustomed during the marriage; (2) the payor is able to continue to meet his or her own reasonable needs, considering the style of living to which the parties have become accustomed during the marriage; and (3) the party in need cannot be self-supporting through appropriate employment at a standard of living that meets reasonable needs, or is the custodian of the parties' child, whose condition or circumstances make it appropriate that the custodian not seek employment outside the home.

In a divorce case, the trial court has broad discretion to determine and order alimony payments; its determination of alimony is based primarily on the parties' income and need. However, unlike alimony, the trial court has a statutory obligation to equitably apportion marital property, which includes any property acquired up to the date of a decree of legal separation or divorce. Thus, the trial court must first determine, as a matter of law, what assets constitute marital property under RSA 458:16-a, I. Once the trial court determines the parties' marital property, it then exercises its discretion to equitably distribute those assets. When a party requests alimony, the trial court may exercise its discretion by ordering an alimony award, considering, inter alia [“among other things”], the marital property awarded to each party and the parties' sources of income and need.

In 2018, the legislature repealed, substantially amended, and reenacted the alimony statutes. The session law, which was passed on June 25, 2018, specifically provided that it would apply “to all cases filed on or after January 1, 2019.” With respect to cases filed between June 25, 2018 and January 1, 2019, the session law provided that the law in effect as of June 25, 2018 would control “unless the court in its discretion finds that adopting any or all of the provisions due to take effect on January 1, 2019 would be both equitable and consistent with the law existing as of the date of passage.”

This is the text of the TCJA, also known as Public Law 115-97.