Determining Fair Alimony Payments

At the Nashua, New Hampshire, law firm of Wolfson & Bernazzani, PLLC, some of the most frequent questions we hear from divorcing and separating spouses concern money:

  • "What will happen to the house, the cars and the retirement money?"
  • "How will I make ends meet without my spouse's income?"
  • "My spouse cheated on me. Can I receive more alimony because of this?

We help clients who seek to retain as much control as possible in their post-marital asset divisions. We also assist clients who seek alimony or want to limit paying it, depending on circumstances.

The Property Division Process In New Hampshire

In New Hampshire, financial assets, physical possessions and real property the spouses acquire during the marriage are distributed equitably between them as part of the divorce. The "division of assets" or "asset distribution" is performed by a judge when a divorce is taken to court, but it can also be resolved by the parties through a settlement.

By contrast, ongoing financial support, in the form of alimony (also known as spousal support), may be paid by one spouse to the other following a separation, temporarily during a divorce, or after the termination of a marriage.

Alimony is not required under New Hampshire law. When it is granted, it is usually based on the ability of one party to pay the other party according to his or her need. Whether or not a party receives spousal support is ultimately up to negotiations or the determination of a judge.

Generally, the party with fewer assets, lesser earning prospects or greater child care responsibilities is the one who is eligible to receive alimony. The factors influencing spousal support payments include the following:

  • Income of each divorcing spouse
  • Each spouse's financial liabilities and/or debts
  • Educational levels and/or job skills of each spouse
  • Number of dependent children
  • Division of the assets of the marriage

For more information about alimony and property division in New Hampshire, please read our Frequently Asked Questions page.

'At-Fault' Divorce Can Mean More Alimony

Although most New Hampshire divorces occur under "no-fault" grounds, meaning neither spouse is liable for the failure of the marriage, "at-fault" divorces still occur. If your spouse committed adultery, spousal abuse, joined a cult or another of the faults permitted under New Hampshire law, it may be possible for our lawyers to help you acquire additional family support or assets through a favorable final decision or negotiated final agreement.

This is not easily done, however, so we encourage you to consult with one of our experienced alimony attorneys before taking legal action.

We Can Help Couples Resolve Disputes Outside Of Court

When possible, we encourage our clients to resolve as many of their divorce-related financial issues outside of court, either through direct negotiations, collaborative negotiations with an attorney or through mediation. By doing so, you can save thousands of dollars in court costs and attorney fees, while retaining more money for yourself and your family.

Our attorneys work with financial professionals, including asset valuators, accountants, vocational counselors and other experts in making your case for assets or support payments. They are also trained in mediation and collaborative techniques. They can help you achieve the financial results you need to move on with your life.

Call Today For A Free Consultation

For more information about Wolfson & Bernazzani, PLLC, or to consult with a lawyer in a free initial consultation, contact our law firm online or by calling our Nashua office at 866-211-5601.

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