Items you will need
- Court forms published by the New Hampshire Judicial Branch
- Financial documents, such as proof of your monthly income and expenses
The New Hampshire Statutes establish a spouse's right to request alimony under Section 458:19. Under state law, you may file a motion for temporary or permanent alimony as part of your action for divorce or nullity. The court deciding the motion must follow the laws presented by Section 458:19, which includes a number of factors for calculating the amount of alimony to be paid. You can use the court forms to evaluate both spouses' financial information and estimate how the court might calculate your alimony order. Court-ordered alimony amounts will often vary from one couple to another depending on the spouses' financial circumstances.
Research the factors for calculation of alimony presented by Section 458:19 of the New Hampshire Statutes (see References). Assess your personal situation and identify the factors most likely to be considered by the court when deciding whether to award alimony and when calculating alimony -- these factors might include your health, age, current occupation or employment, sources of income and future employability, as well as the length of your marriage.
Obtain documents to illustrate your financial circumstances and the financial aspects of your marriage. For example, gather information showing your income from employment or other sources, monthly expenses and any debt payments.
Prepare the New Hampshire Judicial Branch forms, Financial Affidavit and Monthly Expenses, which state law requires if either you or your spouse has requested court-ordered alimony. Include the requested information about your monthly income, monthly expenses, assets, debts, insurance and retirement plans. Fill in as much information as possible, as you, your spouse and the court will use the information in the completed forms to review your financial circumstances for calculation of an alimony award.
Review the Financial Affidavit and Monthly Expenses forms filed with the court by your spouse. Compare the financial information provided by each spouse on your court forms with the standard of living established during your marriage, and determine whether either spouse's financial circumstances will significantly drop below that standard. If so, estimate how much spousal support might be necessary to get that spouse closer to the standard of living during marriage, but understand that alimony laws don't require the same standard of living between your post-divorce households. Identify any areas of financial need established by either spouse and consider whether one spouse will have significantly higher post-divorce income or assets -- either factor might provide a court with a reason to award alimony and require one spouse to contribute toward the standard of living of the other spouse.
Negotiate alimony terms with your spouse based on both parties' financial information if you'd like to try avoiding trial litigation on the issue. Otherwise, the court must calculate alimony by applying the factors in Section 458:19 of the New Hampshire Statutes.
Speak with a New Hampshire family lawyer if you're worried about your right to receive alimony or your obligation to pay alimony under state law.
Use the forms published by the New Hampshire Judicial Branch unless you have chosen to provide your own forms that are identical in content and formatting to the court-approved forms.
New Hampshire law permits an award of alimony for a definite or indefinite period of time.
Respond promptly and accurately to the court filings if your spouse has initiated legal action to obtain alimony from you.