Modifying New Hampshire Alimony: Cohabitation and Reimbursement

By the FigureMyTax Editorial Team · How we calculate

New Hampshire modifies alimony only on clear and convincing proof of a substantial and unforeseeable change with no undue hardship, may end it for cohabitation, and allows reimbursement alimony of up to 5 years that cannot be modified except by agreement.

Modifying term alimony

The court may modify the amount or duration on agreement or at the request of either party. If contested, the court must find, on clear and convincing evidence, (1) a substantial and unforeseeable change of circumstances since the effective date of the order, (2) no undue hardship on either party and (3) that justice requires a change in amount or duration. The requesting party has the burden of proof (RSA 458:19-aa, I).

From when

A modification may be retroactive as the parties agree; if contested, it cannot take effect before notice of the petition was given to the other party. If an order has ended, reinstatement must be requested within 5 years after it ended.

Cohabitation

On petition, the court may modify or terminate term alimony on finding that the payee lives in a relationship with another unrelated adult resembling a marriage, such that continuing the order would be unjust. It considers living together on a continual basis, sharing expenses, economic interdependence, joint property or accounts, an intimate relationship, holding themselves out as a couple and other material factors (paragraphs VII and VIII). The original award may be reinstated within 5 years if the cohabitation ends.

Reimbursement alimony

The court may order reimbursement alimony on agreement or at a party’s request made before the final decree is effective, to compensate the payee for economic or non-economic contribution to the payor’s financial resources where the property subject to division is inappropriate or inadequate, including support of education or job training. It requires a finding that the order is equitable, lasts at most 5 years from the decree unless the parties agree otherwise, and cannot be modified except by agreement (RSA 458:19-a, V).

Waivers

Agreements waiving alimony are given full force and effect unless found invalid for coercion, deceit, duress, fraud, mutual mistake, material misrepresentation, supervening illegality or unconscionability or changed circumstances making them unenforceable; this provision takes effect January 1, 2027 (2026 law).

Questions to bring to an attorney

Ask whether your facts meet the clear-and-convincing standard and whether reimbursement alimony fits.

Earlier orders

The 2019 provisions do not apply to modifications of orders in cases whose divorce petition was filed before January 1, 2019, unless the original order adopted them (paragraph X).

Frequently asked questions

Official sources

• RSA 458:19-a: term and reimbursement alimony
• RSA 458:19-aa: alimony modification or termination
• RSA 458:19: alimony definitions

This is general information, not legal advice. It is based on the cited New Hampshire statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Hampshire attorney.