Adultery in New Hampshire - Does Cheating Affect Alimony?

Adultery, more than any one other single cause, tends to break marriages. Adulterous behavior is considered by society to be morally reprehensible, and many expect adultery to come with a price. In some states, a spouse’s adultery can result in increased alimony payments for the non-adulterous spouse.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of New Hampshire.

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The Nature of Divorce in New Hampshire

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in New Hampshire must be examined.New Hampshire allows a married couple to seek a divorce for any one of ten reasons. While New Hampshire does have a no-fault divorce law,¹ nine of New Hampshire’s grounds for divorce are at fault grounds.² One of those divorce grounds is adultery.  

About New Hampshire Alimony Rules

In New Hampshire, the primary motivation for an award of alimony is the financial need of one of the spouses. Alimony will be awarded to a dependent spouse who is unable to adequately be self-supporting, whether because the spouse cannot find adequate employment or cannot seek employment due to child care responsibilities.³ The primary consideration in making an alimony award in New Hampshire is fairness to both spouses.

In considering an award of alimony, New Hampshire courts will examine a variety of statutory factors including:

• The length of the marriage;
• The age, health, occupation, and earning capacity of the spouses;
• Any property awarded after the divorce;
• The fault of either party; and
• The tax consequences of alimony awards.

In New Hampshire, alimony can either be awarded temporarily or on a permanent basis until a court orders alimony to cease. Alimony can also be awarded in one lump sum payment if the circumstances would make such an arrangement fair.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

New Hampshire’s alimony laws do allow courts to consider the fault of either party in ending the marital relationship when making alimony determinations. This means that marital misconduct such as adultery may be considered by a court when awarding alimony. Recently separated but not-yet-divorced spouses must be extremely careful, however, as any sexual relationship will still be considered adultery while the marriage is still active.⁴ Infidelity during the separation period could result in an adverse alimony award. That said, fault is only one of the factors that New Hampshire courts must consider, and a court cannot award alimony on the basis of adulterous behavior alone.⁵

The Verdict:

New Hampshire courts are allowed to consider the conduct of the spouses such as adultery in making their alimony determinations. While adultery alone cannot be used as a reason to punish a spouse for wrongdoing, adulterous behavior when taken together with the financial circumstances of the spouses can either result in an increase or decrease in required alimony payments.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This is not legal advice. Please consult a lawyer for your specific situation.

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