New Hampshire Alimony & Spousal Support (2026)
New Hampshire is one of the few states with an actual guideline formula for alimony amount, under RSA 458:19-a. It's still advisory in most cases — a judge can deviate from it — but it gives a real, citable starting point instead of pure guesswork.
The guideline formula
New Hampshire's formula is set as the lesser of the recipient's reasonable need or a fixed percentage of the difference between the parties' gross incomes at the time the order is created. Under current federal tax law (where alimony is not deductible to the payor), that percentage is 23%. If federal tax law changes to make alimony deductible again, the statute says the formula automatically shifts to 30% of the income difference instead.
Term alimony under this statute is capped at 50% of the length of the marriage, measured from the date of marriage to the date the divorce was filed.
What determines alimony in New Hampshire
Under RSA 458:19-a (New Hampshire Revised Statutes Annotated 458:19-a (Term and Reimbursement Alimony)), a court considers:
- Length of the marriage
- Age, health, and occupation of the parties
- Each party's income and employability
- Ability of the party seeking alimony to become self-supporting through employment
- Each party's need for education or training
- Standard of living during the marriage
- Property each party brought to the marriage
- Contribution as a homemaker
- Fault, in limited circumstances
Good to know
- A court can adjust the formula amount if it finds that justice requires it, so the percentage is a strong guideline rather than an absolute rule in every case.
Also need a child support estimate?
Alimony and child support are calculated completely separately in New Hampshire. If you also have children, use our free New Hampshire child support calculator — that one does compute a real number, based on the official guideline formula.
Frequently asked questions
Does New Hampshire have an alimony formula?
Yes. New Hampshire's statute (RSA 458:19-a) sets alimony at the lesser of the recipient's need or a fixed percentage of the income difference between the parties — currently 23%, since alimony is not tax-deductible under current federal law. If federal tax law changes, the statute shifts the percentage to 30%.
How long does alimony last in New Hampshire?
Term alimony is capped at 50% of the length of the marriage, measured from the wedding date to the date the divorce was filed.
Why is New Hampshire's alimony percentage 23% instead of 30%?
The statute ties the percentage to federal tax treatment. Since the 2017 federal tax law changes made alimony non-deductible for the payor and non-taxable for the recipient, the lower 23% figure applies. If Congress restores the alimony tax deduction, New Hampshire's own statute automatically raises the formula to 30%.
Source: New Hampshire Revised Statutes Annotated 458:19-a (Term and Reimbursement Alimony) · Last verified 2026-07-22
Disclaimer: This page explains the general legal framework for alimony in New Hampshire and is for informational purposes only — it is not legal advice and does not predict the outcome of any specific case. Laws change; always verify with the official source above or a family law attorney licensed in New Hampshire before making decisions.