4. What do we need to do to get alimony?
Things to know about alimony:
Alimony is gender neutral. Men and women can receive alimony.
The court has broad discretion when awarding alimony, and there is no
formula in New Hampshire for either an amount or a term.
Alimony cannot be waived in a divorce stipulation. The law provides
either spouse with the right to petition for alimony within 5 years of the date
of the divorce decree, or if alimony has been ordered for a definite time
period, within 5 years from the date of the last payment.
Alimony is tax deductible to the payor, and is taxable income to the
recipient.
The primary purpose of alimony is rehabilitative, meaning the support is
intended to allow the recipient time to become self-supporting. However, the
court has the authority to order alimony for an indefinite period of time where
appropriate.
Agreements
that contain a provision for the payment of alimony often include language
about the terminating alimony upon the recipient’s remarriage or cohabitation
with a romantic partner.
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