Updated for Bondaz (2025) "Reasonable Need" Cap & RSA 458:19
Recommended Maintenance Type:
Primary Factors:
Guideline Amount:
Statutory Considerations:
Recommended Duration:
New Hampshire Guidelines:
Likely Range:
Key Factors:
Landmark ruling: The court held that a spouse's "reasonable need" is the legal maximum for alimony, not the 23% formula. The formula merely establishes a ceiling; courts must not award more than needed to cover reasonable expenses after accounting for recipient's own income and assets. This calculator now strictly caps the award by need.
Key precedent for 2025 child support guidelines: Courts cannot order parents to share expenses outside of support order without agreement. Affects ability-to-pay analysis for alimony when child support is presumed $0 under 2025 rules.
Held that a payor's voluntary retirement may constitute a change in circumstances warranting modification of alimony, but the court will examine whether the retirement was reasonable under the circumstances. Payer's age factor included in duration adjustments.
Affirmed that the primary purpose of alimony is to help the recipient become self-supporting while maintaining the standard of living established during the marriage to the extent possible — now limited by the Bondaz reasonable-need ceiling.
New Hampshire law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Maintenance can be modified for:
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
The NH Supreme Court ruled that the 23% statutory formula (RSA 458:19-a) is only a ceiling. The final award is capped by the recipient's reasonable need (housing + health + essentials minus their own income). Our calculator now calculates: Math.min(23% of income gap, reasonable need). If need is lower, that controls.
Yes. For equal parenting, similar incomes, and shared expenses, there's a rebuttable presumption of $0 child support. This increases payor's available income for alimony, which the calculator accounts for in the ability-to-pay check.
HB 1036 would impose an 8-year absolute cap on alimony duration. HB 1757 would bar alimony entirely for marriages of 6 years or less. Our "Apply Pending 2027 Rules" toggle lets you see the potential impact.
Under federal TCJA (post-2018), alimony is not deductible for payor nor taxable to recipient. NH has no state income tax, so no state tax impact.
Payor's retirement at 65+ is grounds for modification. The court will re-evaluate payor's ability to pay and recipient's need. Our calculator reduces support by 20% if payor age ≥65 as a general estimate.
Marriage duration significantly impacts New Hampshire maintenance: Under 5 years: Typically no maintenance unless exceptional circumstances; 5-10 years: Maintenance for 20-40% of marriage duration; 10-20 years: Maintenance for 40-60% of marriage duration; 20+ years: May receive maintenance for longer periods or permanently. Special considerations for disabled spouse or career sacrifices may extend duration.
Yes, under certain conditions: Automatic Termination: When recipient remarries; Modification: For substantial and continuing change in circumstances; Termination: At end of ordered period or upon court order. Grounds for modification include significant income change, payor's retirement, recipient's improved earning capacity, disability, or cohabitation.