New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 458:19 (2024)
Alimony; Definitions
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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458:19 Alimony; Definitions. –
In RSA 458:19-a and RSA 458:19-aa:
I. "Alimony" means one or more payments made to, or for the benefit of, a spouse or former spouse.
II. "Effective date" means the date when an order takes effect under court rule.
III. "Exclusions from gross income" mean Social Security benefits received on behalf of a minor child; capital gains from property received in the parties' divorce; income of a subsequent spouse, except as provided in RSA 458:19-aa, II; and income from overtime or a second job if the party has a full time job and such overtime or second income began:
(a) After the parties separated or a petition for divorce or legal separation was filed, whichever occurred first; or
(b) In an action for modification, if such income began after the existing alimony award.
IV. "Full retirement age" means the age when the payor is eligible to receive full retirement benefits under the federal Old Age, Survivors, and Disability Insurance Social Security program.
V. "Gross income" means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits, unemployment benefits, and disability benefits, but not exclusions from gross income as defined in paragraph III.
VI. "Income assignment" means an alimony order assigning a portion of the payor's income directly to the payee under the provisions of RSA 458-B.
VII. "Length of marriage" means the number of months from the date of marriage to the date of service of the petition for divorce, legal separation, or annulment.
VIII. "Modification" means any increase or decrease in the amount or duration in alimony, other than because of the cohabitation, remarriage, or death of the payee, or the retirement of the payor.
IX. "Payee" means a person who is receiving or is to receive alimony.
X. "Payor" means a person who is paying or is to pay alimony.
XI. "Reimbursement alimony" means one or more payments to a spouse or former spouse to compensate him or her for economic or non-economic contribution to the financial resources of the payor.
XII. "Step-down order" means an order that decreases payments in specified steps.
XIII. "Step-up order" means an order that increases payments in specified steps.
XIV. "Temporary alimony" means periodic support payments to or on behalf of a spouse while a case is pending and ending on the effective date of the divorce, legal separation, or annulment. Such alimony shall not be counted toward or subject to either the formula or the duration limits in RSA 458:19-a, III, unless the court finds that the temporary alimony was of unusually long duration.
XV. "Term alimony" means periodic payments made to a spouse or former spouse after the effective date of the final decree.
In RSA 458:19-a and RSA 458:19-aa:
I. "Alimony" means one or more payments made to, or for the benefit of, a spouse or former spouse.
II. "Effective date" means the date when an order takes effect under court rule.
III. "Exclusions from gross income" mean Social Security benefits received on behalf of a minor child; capital gains from property received in the parties' divorce; income of a subsequent spouse, except as provided in RSA 458:19-aa, II; and income from overtime or a second job if the party has a full time job and such overtime or second income began:
(a) After the parties separated or a petition for divorce or legal separation was filed, whichever occurred first; or
(b) In an action for modification, if such income began after the existing alimony award.
IV. "Full retirement age" means the age when the payor is eligible to receive full retirement benefits under the federal Old Age, Survivors, and Disability Insurance Social Security program.
V. "Gross income" means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits, unemployment benefits, and disability benefits, but not exclusions from gross income as defined in paragraph III.
VI. "Income assignment" means an alimony order assigning a portion of the payor's income directly to the payee under the provisions of RSA 458-B.
VII. "Length of marriage" means the number of months from the date of marriage to the date of service of the petition for divorce, legal separation, or annulment.
VIII. "Modification" means any increase or decrease in the amount or duration in alimony, other than because of the cohabitation, remarriage, or death of the payee, or the retirement of the payor.
IX. "Payee" means a person who is receiving or is to receive alimony.
X. "Payor" means a person who is paying or is to pay alimony.
XI. "Reimbursement alimony" means one or more payments to a spouse or former spouse to compensate him or her for economic or non-economic contribution to the financial resources of the payor.
XII. "Step-down order" means an order that decreases payments in specified steps.
XIII. "Step-up order" means an order that increases payments in specified steps.
XIV. "Temporary alimony" means periodic support payments to or on behalf of a spouse while a case is pending and ending on the effective date of the divorce, legal separation, or annulment. Such alimony shall not be counted toward or subject to either the formula or the duration limits in RSA 458:19-a, III, unless the court finds that the temporary alimony was of unusually long duration.
XV. "Term alimony" means periodic payments made to a spouse or former spouse after the effective date of the final decree.
Source. RS 148:13. CS 157:13. GS 163:12. GL 182:12. PS 175:14. PL 287:16. 1937, 154:1. RL 339:16. RSA 458:19. 1981, 275:1. 1985, 175:1. 1987, 278:2. 1991, 123:1. 1996, 32:4, 5. 2000, 178:2, 3. 2001, 246:2, 3. 2005, 273:3, eff. Oct. 1, 2005. 2018, 310:1, eff. Jan. 1, 2019.
Notes of Decisions
Cited in 146
cases (12 in the last 5 years), 1956–2025 · leading case: In re Nassar, 943 A.2d 740 (N.H. 2008).
In re Nassar, 943 A.2d 740 (N.H. 2008). “t]he party from whom alimony is sought is able to meet reasonable needs while meeting those of the party seeking alimony, taking into account the style of living to which the parties have become accustomed during the marriage; and (c) [t]he party in need is unable to be self-…”
In re Kenick, 934 A.2d 573 (N.H. 2007). “The respondent moved to dismiss, arguing that RSA 458:19, I (Supp. 2006) barred the petitioner’s motion.”
In the Matter of John G. Lyon & Kimberly Anne White Lyon, 166 N.H. 315 (2014). “She argues that the 2001 amendments to RSA 458:14 (2004) and RSA 458:19 (Supp. 2013) “show[ ] that the legislature intended for renewals to be subject to the same standard as initial awards of alimony under RSA 458:19,1, i.”
In re Canaway, 13 A.3d 320 (N.H. 2010). “” RSA 458:14 (2004) provides that “[e]xcept as otherwise provided in RSA 458:19,1 and VII, the court, upon proper application and notice to the adverse party, may revise and modify any order made by it, may make such new orders as may be necessary, and may award costs as justice…”
In the Matter of Robert Kempton & Peggy Kempton, 167 N.H. 785 (2015). “Upon considering the factors set forth in RSA 458:19 (Supp. 2014), the court ordered the petitioner to pay the respondent $2,850 in monthly alimony for 96 months or until her remarriage or death, whichever occurs first.”
In re Henry, 37 A.3d 320 (N.H. 2012). “2010) authorizes a trial court to award alimony if: (1) the party in need “lacks sufficient income, property, or both, including property apportioned in accordance with RSA 458:16-a, to provide for such party’s reasonable needs, taking into account the style of living to which…”
In re Crowe, 804 A.2d 455 (N.H. 2002). “See RSA 458:19, I(b) (Supp. 2001). Thus, alimony to the current spouse may be reduced due to the child support calculation, based upon the obligor’s ability to pay.”
Walker v. Walker, 577 A.2d 1218 (N.H. 1990). “Walker, argues on cross-appeal that the trial court erred when it did not apply the 1983 version of RSA 458:19 and failed to grant his motion to terminate alimony.”
In re Goodlander, 20 A.3d 199 (N.H. 2011). “Alimony Standard Goodlander next argues that the trial court erred in determining alimony based upon the UTC in contravention of the alimony provisions of RSA 458:19 (Supp. 2010). See RSA 564-B:5-503(b)(2).”
In re Hampers, 911 A.2d 14 (N.H. 2006). “RSA 458:19, I (Supp. 2005) authorizes the trial court to award alimony if: (1) the party in need lacks sufficient income, property, or both to provide for his or her reasonable needs, considering the style of living to which the parties have become accustomed during the…”
In re Maynard, 930 A.2d 1195 (N.H. 2007). “The wife contends that the superior court’s conclusion is contrary to RSA 458:19 (2004). The husband counters that Superior Court Rule 185 requires a responding party to file an answer if he or she wishes to seek alimony or other affirmative relief during a divorce proceeding.”
In re Harvey, 899 A.2d 258 (N.H. 2006). “2005) provides that the trial court shall award alimony if: (1) the party in need lacks sufficient income, property, or both to provide for his or her reasonable needs, considering the style of living to which the parties have become accustomed during the marriage; (2) the payor…”
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