New Hampshire calls it alimony. Statutory formula generally uses 30% of the difference between the parties’ incomes (often discussed in practice as roughly the mid-20% range of the income gap after adjustments)—apply the current RSA 458:19 text and any guideline worksheets, which target about 23% of the net income difference in many calculations under recent reform. Forms include Term alimony and, in limited situations, alimony without a fixed term as authorized by statute.. That is what separates New Hampshire alimony from a generic national summary. Read N.H. Rev. Stat. Ann. § 458:19 before the background sections below. Duration: Duration is generally capped at 50% of the length of the marriage for term alimony, with exceptions. Termination: Death, remarriage, or cohabitation as defined by statute; expiration of term alimony.
Eligibility and statutory factors
Statutory formula generally uses 30% of the difference between the parties’ incomes (often discussed in practice as roughly the mid-20% range of the income gap after adjustments)—apply the current RSA 458:19 text and any guideline worksheets, which target about 23% of the net income difference in many calculations under recent reform.
Fault. Fault is not the primary driver under the modern statute; economic factors dominate.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in New Hampshire
Term alimony and, in limited situations, alimony without a fixed term as authorized by statute.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Because New Hampshire uses a formula or guideline overlay, start with that math, then test it against need, ability to pay, and any statutory caps. Statutory formula generally uses 30% of the difference between the parties’ incomes (often discussed in practice as roughly the mid-20% range of the income gap after adjustments)—apply the current RSA 458:19 text and any guideline worksheets, which target about 23% of the net income difference in many calculations under recent reform.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
A concrete New Hampshire scenario
Here is one way the New Hampshire pieces fit together. Change any fact and the statute may point somewhere else.
One spouse asks a New Hampshire court for alimony after a divorce filing.
- Use the label and statute New Hampshire actually uses: alimony under N.H. Rev. Stat. Ann. § 458:19.
- Apply the formula or guideline: Statutory formula generally uses 30% of the difference between the parties’ incomes (often discussed in practice as roughly the mid-20% range of the income gap after adjustments)—apply the current RSA 458:19 text and any guideline worksheets, which target about 23% of the net income difference in many calculations under recent reform.
- Set duration from New Hampshire rules: Duration is generally capped at 50% of the length of the marriage for term alimony, with exceptions.
- Identify what ends the award: Death, remarriage, or cohabitation as defined by statute; expiration of term alimony.
Limited. Indefinite alimony requires special statutory findings and is not the default. Fault: Fault is not the primary driver under the modern statute; economic factors dominate. TCJA: post-2018 alimony is not federally deductible/includible; New Hampshire has limited wage income tax concerns—confirm with counsel.
How long alimony lasts
Duration is generally capped at 50% of the length of the marriage for term alimony, with exceptions.
Permanent / indefinite support. Limited. Indefinite alimony requires special statutory findings and is not the default.
When alimony ends or can be changed
Death, remarriage, or cohabitation as defined by statute; expiration of term alimony.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are New Hampshire-specific.
Taxes
TCJA: post-2018 alimony is not federally deductible/includible; New Hampshire has limited wage income tax concerns—confirm with counsel.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how New Hampshire courts decide alimony
These LawDiver opinions illustrate how New Hampshire appellate courts discuss need, ability to pay, duration, and related issues:
In the Matter of Christopher W. Crowe and Jennifer M. Crowe
In the Matter of Christopher W. Crowe and Jennifer M. Crowe, 148 N.H. 218 (2002)
…ision {Cyr, J.) awarding the respondent, Jennifer M. Crowe, alimony, child support, and approximately twenty-five percent of the value of the marital assets. We affirm. The parties began living together in 1992, had a child in 1996, and married in 1997. The petitioner is the sole owner of two businesses, a logging operation and a trucking company. At the petitioner’s expense, t…
On alimony, In the Matter of Christopher W. Crowe and Jennifer M. Crowe speaks to the New Hampshire dispute in this passage: "Cyr, J.) awarding the respondent, Jennifer M. Crowe, alimony, child support, and approximately twenty-five percent of the value of the marital assets. We affirm. The parties began living together in 1992, had a child in 1996, and married in 1997." The surrounding opinion shows how the court applied that language to the record.
In the Matter of George J. Nassar and Maureen Nassar
In the Matter of George J. Nassar and Maureen Nassar, 156 N.H. 769 (2008)
…h Family Division’s (Carbon, J.) award of permanent monthly alimony to the respondent, Maureen Nassar (wife), in the amount of $1,100. We vacate and remand. I. Facts The record supports the following facts. The husband and wife are fifty-six and fifty-three years old, respectively. They were married on April 16, 1983, after residing together for approximately ten years. They ha…
In the Matter of George J. Nassar and Maureen Nassar is worth reading on New Hampshire alimony because the court put the point in its own words: "Family Division’s (Carbon, J.) award of permanent monthly alimony to the respondent, Maureen Nassar (wife), in the amount of $1,100. We vacate and remand. I. Facts The record supports the following facts. The husband and wife are fifty-six and fifty-three years old, respectively." Use that passage as the starting point, then read the facts that precede it.
In the Matter of James J. Peirano and Sharon L. Larsen
In the Matter of James J. Peirano and Sharon L. Larsen, 155 N.H. 738 (2007)
…old a temporary hearing to reconsider the November 13, 2000 alimony order nunc pro tunc. Without holding a hearing, the court granted the motion to reconsider over the petitioner’s objection. The court also transferred the matter to the Derry Family Division, where the domestic violence proceeding was held, at the request of the respondent. *742 In November 2000, the GAL filed…
New Hampshire opinions such as In the Matter of James J. Peirano and Sharon L. Larsen are cited where alimony is disputed. The court stated: "November 13, 2000 alimony order nunc pro tunc. Without holding a hearing, the court granted the motion to reconsider over the petitioner’s objection." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of Herbert N. Fowler, Jr. and Cheryl K. Fowler
In the Matter of Herbert N. Fowler, Jr. and Cheryl K. Fowler, 145 N.H. 516 (2000)
…urt abused its discretion in failing to award her permanent alimony. We reverse and remand. The following facts were found by the trial court or are supported by the record. The parties were married in 1974 and moved to Iowa, *517where the plaintiff attended chiropractic college. The plaintiff was employed part-time while in school, and the defendant, who had a high school dipl…
Practitioners open In the Matter of Herbert N. Fowler, Jr. and Cheryl K. Fowler when New Hampshire alimony turns on the distinction in this sentence: "We reverse and remand. The following facts were found by the trial court or are supported by the record. The parties were married in 1974 and moved to Iowa, *517where the plaintiff attended chiropractic college." Do not lift it out of the facts the court was deciding.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (N.H. Rev. Stat. Ann. § 458:19).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if New Hampshire law makes it relevant to eligibility or amount.
- Search LawDiver for recent New Hampshire decisions before mediation.
- Cross-check child support interactions via the New Hampshire child support guide.
Key takeaways
- New Hampshire uses the term alimony under N.H. Rev. Stat. Ann. § 458:19.
- Amount/duration guidance includes a formula or guideline component. Statutory formula generally uses 30% of the difference between the parties’ incomes (often discussed in practice as roughly the mid-20% range of the income gap after adjustments)—apply the current RSA 458:19 text and any guideline worksheets, which target about 23% of the net income difference in many calculations under recent reform.
- Common forms include: Term alimony and, in limited situations, alimony without a fixed term as authorized by statute.
- Duration framework: Duration is generally capped at 50% of the length of the marriage for term alimony, with exceptions.
- Permanent / indefinite support: Limited. Indefinite alimony requires special statutory findings and is not the default.
- Companion child-support guide: New Hampshire child support guidelines.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see N.H. Rev. Stat. Ann. § 458-C:1 et seq.) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply New Hampshire's statutory framework.
Frequently asked questions
Does New Hampshire still award permanent alimony?
Limited. Indefinite alimony requires special statutory findings and is not the default.
How is alimony calculated in New Hampshire?
New Hampshire applies guideline/formula concepts under N.H. Rev. Stat. Ann. § 458:19. Statutory formula generally uses 30% of the difference between the parties’ incomes (often discussed in practice as roughly the mid-20% range of the income gap after adjustments)—apply the current RSA 458:19 text and any guideline worksheets, which target about 23% of the net income difference in many calculations under recent reform.
How long do I have to be married to receive alimony?
Duration is generally capped at 50% of the length of the marriage for term alimony, with exceptions. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death, remarriage, or cohabitation as defined by statute; expiration of term alimony.
Is alimony taxable?
TCJA: post-2018 alimony is not federally deductible/includible; New Hampshire has limited wage income tax concerns—confirm with counsel.
Where can I read New Hampshire alimony opinions?
Open the cases linked above or search LawDiver scoped to New Hampshire. For support of children, see the New Hampshire child support guidelines guide.
Disclaimer
This article provides general information about New Hampshire alimony and is not legal advice. Confirm the current text of N.H. Rev. Stat. Ann. § 458:19 and consult a licensed New Hampshire family-law attorney before acting on any rule described here.