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Spousal Support in NH Divorce Cases

Divorce can take a debilitating toll on families. To go along with the stress of dissolving a union between man and wife, there are financial obligations that are taken into consideration as well. In divorce cases in New Hampshire, spousal support is defined as "an allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage." Spousal support may also be ordered to be paid if two people, even though they are not officially divorced as of yet, are legally separated, no longer living together. Spousal support can either be paid by the ex-husband to the ex-wife, or vice versa.

New Hampshire statute 458.31, Orders for Support of Spouse, states that "If either spouse is living apart from the other without justifiable cause or willingly absents himself or herself from the other, the superior court, upon his or her petition, or if insane by his or her guardian or next friend, may issue orders which may at the discretion of the court be ex parte and which may grant such relief." In short, the statute states that if one member of a divorcing party relied on the other for financial support, then that dependent party will continue to rely on that financially supportive party as is deemed necessary by the court.

In awarding spousal support, the court uses a grouping of determining factors to arrive at a consensus as to how much the support payment should be. Duration of the marriage, the ages and health conditions of the parties involved, the current employment situations of the parties involved, and how employable they are, the division of property between the two divorcing parties, and who the blame for the dissolution of marriage favors are all taken in consideration in order to calculate spousal support payments. However, spousal support is not permanent, and will eventually dissipate altogether if determining factors change, such as if an ex-spouse decides to remarry or if an ex-spouse's financial situation improves and support is no longer necessary.

In all divorce cases, it is important to have an attorney on your side that has your best interests in mind. At Tenn And Tenn, P.A., our veteran New Hampshire family law and divorce lawyers will examine the financial situations of both divorcing parties, and will negotiate a fair settlement amount so as to not take unwitting advantage of either party. Please call us today for a free evaluation of your case, and we will help you sort through all the details of your divorce and spousal support issues. Our toll-free number is 1-888-511-1010.