Helping You Get A Fair Outcome In Your Divorce
If alimony is a facet of your divorce case, you should speak with a highly knowledgeable attorney before taking any other action. Alimony, which is also known as spousal support, exists to provide the spouse requesting it financial assistance for a fixed duration post divorce so that he/she may begin to obtain financial independence from the higher wage earner in the marriage.
At SekellaLaw, PLLC, our team of effective, passionate divorce attorneys can guide you in understanding alimony matters.
How Is Alimony Decided?
Alimony or spousal support is available in New Hampshire under RSA 458:19. Effective June 25, 2018 the law has changed regarding how the Courts will consider an alimony award from one spouse to the other. Similar to other states, New Hampshire has implemented a formula which takes into consideration each party's gross income, payment/receipt of child support and payment/receipt of other paid expenses. The calculation is a result of 30% the difference between the parties' adjusted gross incomes at a maximum and the duration for half the length of the marriage at a maximum.
Once the calculation has been done, it is important to have an experienced family law attorney to make legal arguments relating to the recipient's need and the payor's ability to pay to arrive at an agreed upon figure or proposed figure for the Court to consider. There are other factors to consider like the standard of living during the marriage. The tax consequences on the federal level relating to the receipt and payment of alimony change effective January 1, 2019. To be sure you understand your rights regarding alimony, speak to one of our experienced family law attorneys.
After the alimony is calculated, New Hampshire Courts also consider many factors:
- Marriage length
- Age of the two individuals
- Employability skills
- Future ability to acquire assets
- Present income
If alimony is not mentioned in the early stages of the divorce process, the courts could consider the issue waived. In other words, the party in need has to directly request an alimony order and demonstrate that he or she lacks sufficient income or property to provide for his or her reasonable needs while taking into consideration the standard of living during the marriage. The party seeking alimony also has to demonstrate that the party with the ability to support would be able to meet his or her own reasonable needs. The laws are changing on alimony to include tax treatment both at the federal and state levels effective in 2019. Whether you would be a payor of alimony or a recipient it is important to understand those changes.
Find A Resolution With Our Representation
The Manchester family lawyers at SekellaLaw, PLLC, can answer any questions relating to alimony and property division in your divorce case. To get the facts straight with helpful, accurate information, reach out to our team of dedicated divorce attorneys today.
Contact us today to request a preliminary case review. Reach us online by filling out this simple form or feel free to call us at 603-623-1003 to talk to New Hampshire's premier family law firm.