Introduction
Divorce can be an incredibly challenging and emotionally demanding process, particularly when there is a noticeable financial disparity between the parties involved. In such cases, spousal maintenance, also known as alimony, may be awarded to ensure that the lower-earning spouse can maintain a standard of living similar to what they had during the marriage. This article aims to delve into the topic of obtaining spousal maintenance in New Hampshire, providing valuable insights to those seeking guidance in this regard.
Eligibility for Spousal Maintenance in New Hampshire
It is important to note that spousal maintenance in New Hampshire is not automatically granted and is only awarded under specific circumstances. In determining whether spousal maintenance is appropriate, the court assesses various factors, including but not limited to:
- The length of the marriage, which allows for an evaluation of the bonds formed and the extent of financial interdependence.
- The age, health, and social standing of each party. These factors help establish the potential challenges faced by the individual in supporting themselves financially.
- The occupation, income, and income sources of each spouse, which aids in assessing the financial capabilities and potential for support.
- The vocational skills and employability of each spouse, enabling an understanding of the prospects and opportunities for self-sufficiency.
- The assets, liabilities, and individual needs of each spouse. This consideration ensures that a fair evaluation of financial resources and requirements takes place.
- The potential for future acquisition of capital assets and income by each spouse, focusing on prospects for financial growth and stability.
- The role of fault, if any, of either party in the breakdown of the marriage, helping establish accountability and fairness.
- Any other factors determined by the court that are deemed relevant in considering spousal maintenance.
Types of Spousal Maintenance
In New Hampshire, three distinct types of spousal maintenance can be awarded, each with its own purpose and duration:
1. Temporary Spousal Maintenance
Temporary spousal maintenance, also known as pendente lite maintenance, is granted exclusively during the divorce proceedings and remains in effect until a final order is issued. This type of maintenance is provided based on the recipient spouse’s financial needs and the paying spouse’s ability to provide support.
2. Rehabilitative Spousal Maintenance
Rehabilitative spousal maintenance serves the purpose of assisting the recipient spouse in achieving self-sufficiency. It may be awarded for a specified period, enabling the recipient spouse to obtain education or vocational training. Once this duration elapses, the recipient spouse is expected to become financially independent.
3. Permanent Spousal Maintenance
Permanent spousal maintenance, also referred to as long-term spousal maintenance, applies when the recipient spouse is unable to attain self-sufficiency owing to various circumstances. This type of maintenance is typically awarded for an indeterminate period and continues until the recipient spouse remarries, one of the spouses passes away, or a court order terminates the maintenance.
How to Obtain Spousal Maintenance in New Hampshire
If you seek spousal maintenance in New Hampshire, it is crucial to consult with a knowledgeable family law attorney who can guide you through the process while ensuring that you understand your rights and responsibilities.
To initiate the process of obtaining spousal maintenance, you will need to file a petition with the court. This petition should contain comprehensive information regarding your marriage, financial situation, and request for spousal maintenance. Subsequently, your spouse will be given an opportunity to respond, initiating the process of scheduling a hearing.
During the hearing, the court will carefully consider the aforementioned factors to determine the appropriateness of spousal maintenance. If the court deems it necessary, they will proceed to determine the specific type and amount of maintenance to be awarded. Following the decision, the court will issue an order outlining the terms and conditions of the maintenance, including the duration and payment amount.
Conclusion
Obtaining spousal maintenance in New Hampshire can be an intricate and multifaceted process that necessitates expert legal counsel. If you believe you are entitled to spousal maintenance, it is crucial to connect with an attorney experienced in family law to ensure you receive the necessary support you deserve. By familiarizing yourself with the eligibility requirements and different types of maintenance available in New Hampshire, you will be better equipped to navigate the process and attain a fair outcome. Remember, a skilled attorney can be your greatest advocate in securing the financial stability you require post-divorce.