Calculate Maintenance Under New Hampshire Statutes RSA 458
Income Information
Enter the payor's total gross monthly income from all sources before taxes and deductions. Include wages, bonuses, commissions, rental income, and any other regular income.
Please enter a valid positive number
Enter the recipient's total gross monthly income from all sources before taxes and deductions. If currently unemployed, enter potential earning capacity based on education and work history.
Please enter a valid positive number
This ratio shows the income difference between spouses. A higher ratio indicates a greater income disparity, which may result in higher maintenance awards.
Amount YOU (the payor) currently pay for child support. Enter $0 if none. New Hampshire courts consider child support obligations when determining ability to pay maintenance.
Please enter a valid positive number
Select the planned parenting schedule. 'Substantially Shared' means each parent has >35% time. 'Approximately Equal' means the time split is within 10% (e.g., 55/45).
Incomes are 'substantially similar' if they are within 10% of each other.
Do parents share childcare/medical/extracurricular costs 50/50?
Marriage Details
Enter the length of your marriage in years. New Hampshire courts consider marriage duration when determining both the amount and duration of maintenance.
Please enter a valid duration between 0-100 years
Enter the date when you and your spouse stopped living together as a married couple. This date affects temporary support calculations.
Please enter a valid past date
Marriage less than 5 years?
Marriage 10+ years?
Is recipient custodial parent?
Check if the alimony recipient has primary physical custody of minor children from the marriage
New Hampshire-Specific Factors
Select the county where the divorce will be filed. Urban counties like Hillsborough typically award higher maintenance than rural counties due to cost of living differences.
Select the type of alimony being considered. Temporary is during divorce, rehabilitative is for education/training, reimbursement is for contributions to spouse's education.
Domestic violence involved?
Check if there was documented domestic violence in the marriage. New Hampshire courts may increase alimony for victims.
New Hampshire Domestic Violence Impact:
10-20% increase in alimony amounts typically awarded
May qualify for longer duration regardless of marriage duration
Court may order additional therapy/rehabilitation costs
Protective orders can affect temporary support calculations
Fault-based divorce?
New Hampshire recognizes fault grounds for divorce which may impact alimony decisions.
New Hampshire Fault Considerations:
Fault grounds: Adultery, extreme cruelty, etc. may affect alimony
Economic misconduct: Hiding assets or intentional unemployment may affect awards
Marital misconduct: May be considered in alimony determinations
Select if either spouse holds a professional license that requires ongoing education or maintenance, as this may affect maintenance calculations.
New Hampshire Professional License Rules:
Courts may order support during license maintenance periods
Continuing education costs may be factored into awards
Malpractice insurance costs considered for medical professionals
Select the likelihood that the recipient will cohabitate with a new partner. Cohabitation may be grounds for modification or termination of maintenance.
New Hampshire Cohabitation Rules:
Alimony typically terminates upon remarriage
Cohabitation may be grounds for modification or termination
Payor must petition court for modification
Must prove financial interdependence
Needs and Resources
Enter the recipient's monthly housing expenses including rent/mortgage, property taxes, insurance, utilities, and maintenance.
Please enter a valid positive number
Enter the recipient's monthly health insurance premiums not covered by an employer, plus estimated out-of-pocket medical expenses.
Please enter a valid positive number
Enter the recipient's other necessary monthly expenses including food, transportation, clothing, and personal care.
Please enter a valid positive number
Enter the payor's necessary monthly living expenses. New Hampshire courts ensure payor can meet basic needs after maintenance.
Please enter a valid positive number
Enter the payor's current age. New Hampshire courts consider retirement age (typically 65+) when determining maintenance obligations.
Please enter a valid age between 18-100
New Hampshire Retirement Rules:
Early Retirement (55-64): Courts examine whether voluntary or health-related
Normal Retirement (65+): May be grounds for modification
Retirement Accounts: IRA/401k withdrawals may be considered as income
Social Security: Benefits may substitute for maintenance payments
Earning Capacity
Select the highest level of education completed by the recipient. Higher education typically reduces maintenance as it suggests greater earning potential.
Enter total years the recipient was not employed during the marriage (e.g., homemaking, child-rearing). Longer gaps may increase maintenance.
Please enter a valid number between 0-50
Recipient Sacrificed Career for Marriage?
Check if recipient gave up career advancement opportunities to support the marriage (e.g., relocated for spouse's job, stayed home with children)
Recipient has disability?
Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term maintenance.
Duration Factors
Maintain marital standard of living?
New Hampshire courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property?
Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
Enter the age difference between spouses (recipient's age minus payor's age). Large gaps may affect duration, especially if recipient is older.
Please enter a valid number between 0-50
Enter recipient's current age. New Hampshire courts consider retirement age (typically 65+) when determining maintenance duration.
Please enter a valid age between 18-100
Disclaimer: This calculator provides estimates only based on New Hampshire statutes and case law patterns.
Actual court-ordered maintenance may differ significantly as New Hampshire judges have discretion in maintenance determinations.
The calculation is not legal advice. Consult a licensed New Hampshire family law attorney for advice regarding your specific situation.
New Hampshire Spousal Maintenance Calculation Results
Maintenance Type Determination
Recommended Maintenance Type:
Primary Factors:
Monthly Maintenance Amount
Guideline Amount:
Statutory Considerations:
Duration of Maintenance
Recommended Duration:
New Hampshire Guidelines:
Judicial Considerations
Likely Range:
Key Factors:
New Hampshire Maintenance Case Law Examples
In the Matter of Hoyt & Hoyt (2018)
171 N.H. 373
This case is frequently cited in discussions about the 2025 child support changes. The New Hampshire Supreme Court held that a trial court could not order parents to share certain child-related expenses as part of a child support order. This precedent is now relevant when applying the new 2025 guidelines, which involve presumptions when parents do share expenses.
In the Matter of Peirano & Peirano (2014)
167 N.H. 228
Clarified that fault may be considered in alimony determinations when it has economic consequences, but generally New Hampshire focuses on economic factors rather than marital misconduct.
In the Matter of Letourneau & Letourneau (2008)
154 N.H. 1
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.
In the Matter of Watterworth & Watterworth (2011)
161 N.H. 175
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.
Modifying Maintenance in New Hampshire
New Hampshire law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Grounds for Modification
Maintenance can be modified for:
A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Modification Process
File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many New Hampshire courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.
Important Considerations
Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
New Hampshire requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
New Hampshire Spousal Maintenance FAQs
Has the alimony calculation formula changed?
No, the core formula has not changed. New Hampshire's primary formula for calculating term alimony remains 30% of the difference between the parties' gross incomes, as established in the 2019 alimony reform. There has been legislative discussion about adjusting this percentage to account for federal tax changes, but no such law has been enacted.
What changed for child support in 2025, and why does it matter for alimony?
Effective January 1, 2025, New Hampshire's child support guidelines changed significantly for cases with equal parenting.
If parents have substantially similar incomes (within 10%) and an approximately equal parenting schedule (e.g., 55/45 split), there is now a rebuttable presumption that no child support is appropriate.
This matters for alimony because a payor's child support obligation is a key factor in determining their "ability to pay" spousal support. A reduced or $0 child support obligation can increase a payor's available income for alimony.
Was there a change to temporary alimony?
No, the law did not change. A bill in 2024 (HB1013) proposed making temporary alimony (paid during divorce proceedings) subject to the same 30% formula limits as term alimony. However, this bill was referred for interim study in May 2024 and did not pass. Temporary alimony remains a separate, discretionary award determined by the court based on immediate need during the divorce process.
What types of maintenance exist in New Hampshire?
New Hampshire recognizes several types of maintenance:
Temporary Maintenance: Paid during divorce proceedings
Rehabilitative Maintenance: For education/training to become self-supporting
Reimbursement Maintenance: For contributions to spouse's education/career
Permanent Maintenance: Ongoing support, typically in long-term marriages
Key differences:
Temporary maintenance ends when divorce is final
Rehabilitative maintenance requires specific plan
Reimbursement maintenance compensates for contributions
Permanent maintenance continues until modification or termination
How is maintenance calculated in New Hampshire?
New Hampshire uses statutory factors rather than a strict formula:
Recipient's financial needs
Payor's ability to pay
Duration of marriage
Standard of living during marriage
Age and health of both parties
Employability and earning capacity of both parties
Common calculation approaches:
Difference between parties' incomes
Amount needed to cover basic living expenses
Not to exceed recipient's need or payor's ability
How does marriage length affect maintenance in New Hampshire?
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:
Disabled spouse may receive longer-term maintenance
Career sacrifices may extend duration
Can maintenance be modified or terminated in New Hampshire?
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:
Significant income change
Payor's retirement
Recipient's improved earning capacity
Disability or health issues
Cohabitation by recipient
How does fault affect maintenance in New Hampshire?
New Hampshire recognizes fault grounds for divorce:
Fault may be considered when it has economic consequences
Economic misconduct (hiding assets) may affect awards
Marital misconduct may be considered in limited circumstances
Most maintenance decisions are based on financial need
Key implications:
Court has discretion in how much weight to give fault
Fault is not a primary factor in most cases
Are maintenance payments taxable in New Hampshire?
Federal tax (2025 update): Under the Tax Cuts and Jobs Act of 2017, maintenance payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.
New Hampshire tax: New Hampshire has no state income tax, so maintenance payments have no state tax implications.
Key considerations:
Pre-2019 agreements may have different tax treatment
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Child support payments are never deductible
Property settlements have different tax treatment
What's the difference between maintenance and alimony in New Hampshire?
New Hampshire law uses the term "maintenance" rather than "alimony," but common distinctions:
Temporary Maintenance:
Paid during divorce proceedings
Ends when divorce is finalized
Post-Divorce Maintenance:
Rehabilitative, reimbursement, or permanent support
Based on statutory factors
Duration varies based on circumstances
How does retirement affect maintenance in New Hampshire?
Retirement impacts New Hampshire maintenance cases:
Payor may petition to modify/terminate at retirement age
Court considers whether retirement is reasonable
Recipient's needs still considered
Early retirement may not be considered reasonable
Key factors courts consider:
Age of parties
Health status
Financial resources
Type of maintenance awarded
How do county differences affect maintenance in New Hampshire?
New Hampshire counties may handle maintenance cases differently:
Urban Counties (Hillsborough, Rockingham): Typically higher maintenance amounts