my wife left after 6 yrs of marriage, she just filed for divorce and is seeking alimony. Is she entitled to it ... [1]
Jurisdiction:
- New Hampshire [3]
Area of Law:
Question:
Selected Answer:
Alimony is intended to [5]
Submitted by elizabethcarlsen [6] on
Alimony is intended to provide one spouse with financial support following a divorce. Whether alimony will be awarded in a particular case is largely up to the discretion of the judge, however, there are several circumstances a judge must consider when deciding whether alimony is necessary. The New Hampshire Revised Statute requires a court to make three findings before awarding alimony. First, the court must consider whether the party asking for alimony lacks sufficient income or property to provide for his reasonable needs. The court can consider the couple’s standard of living up to the time of divorce. Second, the court must evaluate whether the spouse that may be ordered to pay alimony can afford to do so while still meeting her needs. Finally, the court must consider whether the spouse requesting support is unable to support himself through employment. If the court determines that the circumstances warrant an award of alimony, the court must next decide the amount that is necessary. When considering the amount to award, the court weighs several factors including the length of the marriage and each spouse’s occupation. For more information about alimony in New Hampshire, see http://www.gencourt.state.nh.us/rsa/html/XLIII/458/458-19.htm [7]. In addition, visit http://www.freelegalaid.com/nav/new-hampshire/divorce-and-family-law/article/alimony-laws-new-hampshire [8] [8]for a discussion of the different types of alimony and a list of other factors the court considers when deciding how much alimony to award in each case.