In the state of New Hampshire, alimony can terminate when the receiving party starts living together (cohabitating) with another unrelated party in a relationship that resembles marriage. That being said, cohabitation can result in termination of alimony only if the circumstances of cohabitation meet the following criteria:
- Make it unjust to award alimony
- Make it unjust to continue any existing alimony
- Make it unjust to continue the amount of an existing alimony
When deciding if alimony should be terminated, Courts consider the following things:
- If the cohabitating parties live together on a continual basis in a primary residence
- If the cohabitating parties share expenses
- If the cohabitating parties are economically independent of each other or economically depend upon the other
- If the cohabitating parties jointly own or use real or personal property, including bank accounts
- If the cohabitating parties are involved in an intimate relationship
- If the cohabitating parties hold themselves out to be a couple through statements or representations made to third parties or are generally reputed to be a couple
Depending on the details of the case, there might also be other factors the court finds material and relevant that can be considered.
Can Alimony Be Reinstated?
Alimony that is terminated can be reinstated if cohabitation stops. A request to reinstate alimony, however, should be made within 5 years of the Order that terminated the alimony.
Consult with a Manchester Divorce Lawyer
Do you need legal representation with termination or reinstatement of your alimony? If so, you should get in touch with our skilled legal professionals to discuss the details of your case. At Brennan Lenehan Iacopino & Hickey, our team of experienced family lawyers are committed to serving clients throughout Manchester, and we are happy to assist you. Stop by our office today to get started building your case strategy.
Call (603) 734-5461 to schedule your consultation with one of our Manchester family law attorneys.