Introduction
When couples go through a divorce, one crucial aspect that requires attention is alimony or spousal support. Alimony refers to the financial support provided by one spouse to the other after the dissolution of the marriage. Typically, the amount and duration of alimony are established during the divorce proceedings. However, circumstances can evolve, leading to changes in your ex-spouse’s needs. In such cases, it may become necessary to modify the alimony arrangement. This article aims to explain how alimony can be altered in New Hampshire if your ex-spouse’s needs change after the divorce.
Understanding Alimony in New Hampshire
In the state of New Hampshire, various factors are taken into consideration when determining alimony, including the length of the marriage, the standard of living maintained during the union, the age, health, and income of each spouse, as well as the contributions made by both parties throughout the marriage. New Hampshire recognizes several forms of alimony, such as:
- Permanent alimony: This type of alimony is awarded when one spouse, due to age, disability, illness, or other factors, cannot achieve financial self-sufficiency.
- Temporary alimony: Awarded for a specific period, temporary alimony provides financial support during a transitional phase.
- Rehabilitative alimony: When one spouse requires financial assistance to acquire the necessary skills or education for self-sufficiency, rehabilitative alimony comes into play.
While the amount and duration of alimony are typically determined during the divorce proceedings, either spouse has the right to petition the court for a modification if there is a significant change in circumstances.
Petitioning for Alimony Modification
If your ex-spouse’s needs have experienced significant changes, you have the option to petition the court for a modification to the alimony arrangement. However, it is essential to demonstrate a substantial and material change in circumstances since the original alimony order was issued. For instance, if your ex-spouse becomes ill and is unable to maintain employment, you may be required to pay increased alimony to support them financially.
To initiate a petition for alimony modification, you must file a motion with the court that issued the original order. In pursuing your request, you will need to provide compelling evidence to substantiate the change in circumstances. This evidence may include financial documents, medical records, and any other pertinent information that illustrates the substantial change in your ex-spouse’s needs.
Key Factors for Consideration
Numerous factors are taken into consideration when modifying an alimony order in New Hampshire. The court will evaluate:
- The financial resources of each spouse
- The standard of living maintained during the marriage
- The financial requirements of each spouse
- The age, health, and earning capacity of both parties
- The duration of the marriage
- The contributions made by each spouse throughout the marriage
- Any other relevant factors deemed important by the court
Based on the specific circumstances of the case, the court may decide to increase, decrease, or even terminate the alimony arrangement.
Conclusion
Alimony serves the purpose of providing financial support to a spouse in need following a divorce. However, as circumstances evolve, it may become necessary to modify the alimony arrangement. If your ex-spouse’s needs have undergone significant changes, you have the opportunity to petition the court for the modification of the alimony order. To succeed in your request, you must demonstrate a substantial and material change in circumstances. When evaluating a modification, the court takes several factors into account, such as the financial resources of each spouse, the standard of living during the marriage, the financial needs of both parties, and the duration of the marriage. By considering these factors, the court will make a decision that is fair and just in light of the evolving circumstances.