Quick answer: New Hampshire is one of the few states with an alimony formula and a duration limit. Under RSA § 458:19-a, the court may order term alimony if the payee lacks sufficient income and property (including the property awarded in the divorce) to provide for his or her reasonable needs, or cannot be self-supporting through appropriate employment, and the payor can meet his or her own reasonable needs while meeting the payee’s. The amount is the lesser of the payee’s reasonable need or 23% of the difference between the parties’ gross incomes when the order is made, after subtracting child support, alimony and health insurance for the other party that the payor actually pays and adding the child support the payee receives. The maximum duration is 50% of the length of the marriage (months from the marriage to service of the petition), and term alimony ends on the payee’s remarriage. The court may adjust the amount and duration if the parties agree or justice requires. It ends when the payor reaches full retirement age or actually retires, whichever is later, and on the payee’s death, unless otherwise ordered. The court may also order reimbursement alimony for up to 5 years. Alimony can be modified only on a substantial and unforeseeable change of circumstances shown by clear and convincing evidence.
What this calculator shows
The calculator applies the formula and the duration limit. It does not predict whether a court will adjust them. The formula is in the 23% formula, duration, retirement and termination in duration, retirement and termination and modification, cohabitation and reimbursement alimony in modification, cohabitation and reimbursement.
Property, child support and alimony
Property awarded under RSA 458:16-a is one of the special circumstances that can justify an adjustment, and child support is part of the formula. See the New Hampshire property division calculator and the New Hampshire child support calculator.
Alimony across New Hampshire
The statutes apply in every New Hampshire circuit court family division, from Manchester, Nashua, Concord, Dover, Rochester or Salem, for cases filed on or after January 1, 2019.
Frequently asked questions
How is alimony calculated in New Hampshire?
Term alimony is the lesser of the payee's reasonable need or 23% of the difference between the parties' gross incomes, after adjustments for child support and health insurance.
How long does New Hampshire alimony last?
At most 50% of the length of the marriage, unless the parties agree or justice requires an adjustment.
Does remarriage end New Hampshire alimony?
Term alimony ends on the payee's remarriage, unless an agreement provides otherwise.
Does retirement end New Hampshire alimony?
Term alimony ends when the payor reaches full retirement age or actually retires, whichever is later, unless the parties agree or justice requires otherwise.
Can New Hampshire alimony be modified?
On a substantial and unforeseeable change of circumstances, shown by clear and convincing evidence, with no undue hardship and a finding that justice requires it.