New Hampshire Alimony Calculator
Calculation Results
*Note: This is an estimate based on the RSA 458:19-a guidelines effective since 2019. Court discretion applies.
Understanding Alimony in New Hampshire (RSA 458:19)
Alimony, often referred to as spousal support, is a legal obligation in New Hampshire where one spouse provides financial support to the other after a divorce. Since the significant legislative overhaul in 2019 (specifically RSA 458:19-a), New Hampshire has adopted more standardized guidelines to make alimony awards more predictable and uniform across the state.
How the NH Alimony Formula Works
The standard guideline for determining the amount of alimony is based on a specific percentage-based formula involving both spouses' gross monthly incomes:
- Step 1: Take 30% of the payor's (the spouse paying) gross monthly income.
- Step 2: Subtract 20% of the payee's (the spouse receiving) gross monthly income.
- The Result: The difference is the presumptive monthly alimony amount.
It is important to note that gross income includes almost all forms of income: wages, royalties, dividends, and sometimes even government benefits, though child support payments are usually excluded from this specific calculation.
Duration of Alimony in New Hampshire
One of the most common questions is "How long will I have to pay/receive alimony?" In New Hampshire, the law sets a presumptive maximum duration. Alimony is typically awarded for 50% of the length of the marriage. For example:
- 10-Year Marriage: Alimony may last up to 5 years.
- 20-Year Marriage: Alimony may last up to 10 years.
The court has the discretion to deviate from this rule if there is clear evidence that a different duration is necessary to reach a fair and equitable outcome.
Example Calculation
Consider a couple where Spouse A (Payor) earns $8,000 per month and Spouse B (Payee) earns $2,500 per month. They were married for 14 years.
- 30% of $8,000 = $2,400
- 20% of $2,500 = $500
- $2,400 – $500 = $1,900 per month
- Duration: 14 years x 0.5 = 7 years
Factors That Influence Court Decisions
While the calculator provides a "presumptive" amount, NH judges consider several factors before finalizing an order, including:
- Reasonable Needs: The court looks at the payee's actual living expenses and whether they can support themselves.
- Ability to Pay: The court ensures the payor is left with enough income to meet their own reasonable needs.
- Fault in Divorce: New Hampshire is one of the few states where "fault" (such as adultery or extreme cruelty) can still influence the distribution of assets and alimony.
- Health and Age: The physical and emotional health of both parties.
Modifying Alimony
In New Hampshire, alimony orders are not always permanent. If there is a "substantial change in circumstances"—such as a job loss, a significant raise, or the cohabitation/remarriage of the receiving spouse—either party may petition the court to modify or terminate the alimony payments.
Disclaimer: This calculator is intended for educational purposes only and does not constitute legal advice. Alimony laws can be complex, and individual circumstances vary. Always consult with a qualified New Hampshire family law attorney regarding your specific case.