Devine Millimet | NH Law Firm

Alimony Gets A New Look In NH - written by Erin York, Summer Associate

New Hampshire had the addition of a new alimony law in 2019.  The Alimony Reform Act (ARA) has been in effect now for several months, beginning on January 1, 2019.  The legislation applies to all divorce cases filed after January 1, 2019 and may apply by agreement or by the discretion of the Court to any case filed between June 25, 2018 and January 1, 2019. 
The ARA provides that the amount of a “term alimony” order shall be the lesser of the recipient’s reasonable need, or a formula based on 30% of the difference between the parties’ gross incomes at the time the order is created.  The calculation under the newly adopted formula is affected by several factors including child support payments and the post-divorce cost for health insurance coverage.  In addition, the statute now limits the duration of term alimony to 50% of the length of the marriage unless the parties come to an alternate agreement. 
There is also a provision in the new statute for “reimbursement alimony” which is to compensate the recipient for economic or non-economic contributions to the other spouse’s financial resources, but the marital estate does not have sufficient resources for compensation.  The statute provides for a maximum 5 year term on reimbursement alimony. 
To see the text of the new legislation please follow this link.
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