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Does Adultery Affect Alimony in New Hampshire?

Extramarital affairs are a common problem in marriage. At least one spouse commits adultery in over 50% of all marriages, and over half of all marriages end in divorce.

Many states take adultery into consideration when deciding how to divide a couple's money and property, as well as how alimony is determined. In New Hampshire, a spouse's adultery can have an impact in alimony. However, it is not a given that a cheating spouse will be denied receiving alimony.

In order to make a cheating spouse ineligible for alimony, the following factors must be met:

  1. The extramarital affair resulted in the end of the marriage
  2. The extramarital affair caused significant mental or physical suffering to the faithful spouse
  3. The extramarital affair caused substantial harm to the faithful spouse or the couple's estate

The faithful spouse must show proof that the adultery caused the divorce. For example, if cheating caused substantial financial damage, the faithful spouse can show that the cheating spouse spent a large amount of money through gift purchases, hotel rooms, or trips.

Adultery can also have an impact on property division in New Hampshire. However, adultery normally doesn't affect child custody and visitation, unless the affair negatively impacted the children.

How Sekella Law Can Help

Our Manchester divorce lawyer can review your case and determine all of your available legal options to obtain the most favorable outcome. Whether you are trying to deny a cheating spouse alimony or seeking more financial support due to your spouse's extramarital affair, we are committed to protecting your best interests.

Contact our firm and request a free case evaluation today.

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