Alimony (spousal support) in New Hampshire is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in New Hampshire, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding New Hampshire’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against New Hampshire family law statutes as of May 2026.
In This New Hampshire Alimony Guide:
Types of Alimony in New Hampshire
New Hampshire courts may award the following types of alimony:
- New Hampshire recognizes the following types of alimony: (1) Temporary alimony — awarded during the pendency of the divorce proceedings to cover living expenses until the divorce is finalized; (2) Term alimony — the most common post-divorce type
- awarded for a defined period based on a statutory formula (RSA 458:19-a); (3) Reimbursement alimony — awarded to compensate a spouse who supported the other’s education
- training
- or career advancement during the marriage (RSA 458:19-a); (4) Permanent alimony — rare
- reserved for long-term marriages where the recipient cannot become self-supporting due to age
- disability
- or lengthy absence from the workforce. New Hampshire’s 2018 alimony reform (SB 71
- effective January 1
- 2019) restructured alimony into these statutory categories with formula-based calculations for term alimony.
How New Hampshire Calculates Alimony
New Hampshire uses a guideline formula for calculating alimony: The amount of a term alimony order is the LESSER of: (1) the payee’s reasonable need, OR (2) 23% of the difference between the parties’ gross incomes at the time the order is created (RSA 458:19-a). The 23% figure is based on alimony NOT being deductible to the payor and NOT taxable to the payee under post-2018 federal tax law. If federal tax law changes to make alimony deductible/taxable again, the formula automatically adjusts to 30% of the income difference. Gross income is reduced by subtracting amounts ordered and actually paid for child support or alimony (including child support for joint children) and costs for health insurance or other specified expenses for the benefit of the other party. The payee’s income is increased by adding child support ordered for joint children. The maximum duration of term alimony is capped at 50% of the length of the marriage. The court may adjust formula amounts, duration limitations, or both if justice requires an adjustment based on special circumstances.
New Hampshire courts consider these factors when determining alimony:
- New Hampshire courts consider the following factors when determining alimony: (1) The length of the marriage; (2) The age
- health
- social or economic status
- occupation
- amount and sources of income of each party; (3) The property awarded under RSA 458:16-a; (4) Vocational skills
- employability
- estate
- liabilities
- and needs of each party; (5) The opportunity of each party for future acquisition of capital assets and income; (6) The fault of either party as defined in RSA 458:16-a
- II(l); (7) The federal tax consequences of the order. Additionally
- RSA 458:19-a lists special circumstances that may justify adjustment to the formula: (a) Health
- including disability
- chronic or severe mental or physical illness
- or other unusual health circumstances of either party; (b) The degree and duration of any financial dependency of one party on the other; (c) Vocational skills
- occupation
- benefits available from employment
- and present and future employability of both parties; (d) Voluntary unemployment or underemployment of either party; (e) The special needs of a minor or adult child of the parties; (f) Property awarded under RSA 458:16-a; (g) The conduct of either party during the marriage
- including abuse as defined in RSA 173-B:1
- I or fault as described in RSA 458:16-a
- II(l).
Income disparity: YES. The general test for alimony in New Hampshire is whether there is a need for alimony (by the payee) and an ability to pay (by the payor). The formula itself is based on 23% of the difference between the parties’ gross incomes, so an income disparity is inherently required for there to be any alimony award. If the parties have equal incomes, the formula yields zero.
Vocational evaluation: YES. Vocational evaluations are used in New Hampshire to assess earning capacity. RSA 458:19-a explicitly lists “vocational skills, occupation, benefits available from employment, and the present and future employability of both parties” as special circumstance factors. Courts may order vocational evaluations when there is a question about a party’s ability to earn income. Voluntary unemployment or underemployment of either party is also a listed special circumstance that may justify adjustment to the alimony formula.
New Hampshire Alimony Duration Guidelines
YES. The maximum duration of term alimony is capped at 50% of the length of the marriage under RSA 458:19-a. For example, a 20-year marriage yields a maximum of 10 years of term alimony. The court may adjust this duration cap upward or downward if the parties agree or if justice requires an adjustment based on special circumstances. The party seeking the adjustment bears the burden of proof. New Hampshire does not have formal short/medium/long marriage tiers like some states.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under UNVERIFIED — New Hampshire does not define a specific statutory threshold for short marriages) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (UNVERIFIED — New Hampshire does not define a specific statutory number of years for long-term marriage. Permanent alimony is reserved for long marriages where one spouse cannot become self-supporting, but no bright-line year threshold exists in the statute.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES, but rare. New Hampshire still allows permanent alimony, typically reserved for long-term marriages where one spouse is unable to become self-supporting due to a lengthy absence from the job market, advanced age, or disability. The 2018 reform (SB 71) strongly emphasized term alimony with the 50% duration cap as the default, making permanent awards uncommon. A permanent alimony order for a definite period may be renewed upon petition of either party, provided the petition is made within 5 years of the termination date of the order.
Modifying & Terminating New Hampshire Alimony
Modification: YES. Under RSA 458:19-aa, either party may petition for modification. The requesting party must demonstrate: (1) a substantial and unforeseeable change in circumstances since the last order; (2) no undue hardship on either party; and (3) justice requires a change in amount or duration. Modification is available for both the amount and duration of alimony. The court may not modify an alimony order based on an agreement of the parties unless the agreement expressly allows modification.
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Cohabitation: YES — cohabitation is a statutory termination trigger under RSA 458:19-aa. Term alimony terminates when the payee cohabitates with an unrelated adult in a relationship resembling marriage under circumstances that make continued alimony unjust. The court considers seven factors: (1) living together continuously in a primary residence; (2) sharing expenses; (3) economic interdependence; (4) joint ownership of property or accounts; (5) existence of an intimate relationship; (6) holding themselves out as a couple to others; (7) any other material factors. Unlike remarriage, the payor must typically file a motion and prove the cohabitation meets the statutory criteria. Alimony terminated due to cohabitation may be reinstated if the cohabitation relationship ends, provided a petition is filed within 5 years of the termination order.
Remarriage: YES — remarriage automatically terminates term alimony under RSA 458:19-aa. Term alimony ends upon the remarriage of the payee unless the order is based on a party agreement that provides otherwise. This termination is automatic by operation of law — the payor does not need to file a motion. Alimony terminated due to remarriage may be reinstated if the subsequent marriage ends in divorce, provided the request is made within 5 years of the termination order’s effective date. If the original order had a specific end date, reinstatement cannot extend beyond that date.
Retirement: Retirement is a statutory termination trigger under RSA 458:19-aa. Term alimony terminates when the payor reaches full Social Security retirement age (currently 66-67 for most workers). “Full retirement age” is defined as the age when the payor is eligible to receive full retirement benefits under the federal Old Age, Survivors, and Disability Insurance (OASDI) Social Security program. The payor does not need to actually retire — reaching the eligible age triggers potential termination. However, the payee may petition for continuation of alimony past this age if circumstances warrant.
Tax Implications of New Hampshire Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all New Hampshire divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on New Hampshire Alimony
Adultery: YES — adultery can affect alimony awards in New Hampshire, but it is not an automatic bar or automatic penalty. Fault, including adultery, is one of the discretionary factors courts consider under RSA 458:16-a, II(l). Adultery is relevant as fault if it caused the breakdown of the marriage and resulted in substantial physical or mental pain and suffering, or substantial economic loss to the marital estate or the injured party. A cheating spouse seeking support may receive a reduced award, but the court weighs this alongside the financial circumstances and other statutory factors.
Other marital misconduct: YES — marital misconduct beyond adultery can affect alimony. Under RSA 458:19-a, the conduct of either party during the marriage is listed as a special circumstance that may justify adjustment to alimony formula amounts or duration. This includes abuse as defined in RSA 173-B:1, I (domestic violence) or fault as described in RSA 458:16-a, II(l). Fault is relevant when it caused the breakdown of the marriage and resulted in substantial physical or mental pain and suffering or substantial economic loss. Courts have discretion to adjust alimony based on misconduct but do not apply automatic rules.
Additional New Hampshire rules: (1) The 2018 alimony reform (SB 71, effective January 1, 2019) was a major overhaul — it created the formula-based approach (23% of income difference), the 50% duration cap, and codified termination triggers; (2) The formula automatically adjusts from 23% to 30% if federal tax law reverts to making alimony deductible/taxable; (3) Gross income exclusions include Social Security benefits received on behalf of a minor child, capital gains from property received in the divorce, income of a subsequent spouse (except as provided in RSA 458:19-aa), and overtime/second-job income that began after separation or filing if the party already has a full-time job; (4) Reinstatement of terminated alimony is possible within 5 years of termination if cohabitation ends or a subsequent marriage ends in divorce; (5) A permanent alimony order for a definite period may be renewed upon petition within 5 years of its termination date; (6) New Hampshire has no state income tax, so alimony has no state tax implications; (7) The party seeking adjustment to the formula or duration bears the burden of proof.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- New Hampshire Alimony Statute: RSA 458:19 (Alimony; Definitions), RSA 458:19-a (Term and Reimbursement Alimony), RSA 458:19-aa (Alimony Modification or Termination). These statutes were substantially reformed by Senate Bill 71 (2018), effective January 1, 2019.
Last verified May 2026. Contact us if you notice outdated information.