HB325 (2025) Detail

Eliminating term and reimbursement alimony in divorces granted on grounds of irreconcilable differences.


HB 325  - AS INTRODUCED

 

 

2025 SESSION

25-0460

11/09

 

HOUSE BILL 325

 

AN ACT eliminating term and reimbursement alimony in divorces granted on grounds of irreconcilable differences.

 

SPONSORS: Rep. Barton, Graf. 1; Rep. DeSimone, Rock. 18; Rep. Spillane, Rock. 2

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill restricts alimony awards to divorces granted on grounds other than irreconcilable differences, otherwise known as fault grounds.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0460

11/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT eliminating term and reimbursement alimony in divorces granted on grounds of irreconcilable differences.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Alimony; Irreconcilable Differences.  Amend the introductory paragraph of RSA 458:19-a, I to read as follows:

I. The court may order term alimony solely in divorce cases decreed in favor of the innocent party under RSA 458:7, upon agreement of the parties or in the absence of an agreement, at the request of either party by petition or motion in a case for divorce, legal separation, or annulment. Any request for alimony shall be made either before the final decree is effective or not later than 5 years from the effective date. The purpose of term alimony is to allow both parties to maintain a reasonable standard of living. If the issue of term alimony is contested, the court may order term alimony only if it finds that:

2  Reimbursement Alimony; Fault Divorce.  Amend the introductory paragraph of RSA 458:19-a, V to read as follows:

V. The court may order reimbursement alimony solely in divorce cases decreed in favor of the innocent party under RSA 458:7, upon agreement of the parties or in the absence of an agreement, at the request of either party by petition or motion in a case for divorce, legal separation, or annulment. The request for reimbursement alimony shall be made before the final decree is effective. The purpose of reimbursement alimony is to compensate the payee for economic or non-economic contribution to the financial resources of the payor, where the property subject to division under RSA 458:16-a is either inappropriate or inadequate to provide such compensation. The contribution to the payor's financial resources may include support of education or job training, or an investment of time or money. The following shall apply to reimbursement alimony orders:

3  New Paragraph; Alimony; Non-Retroactive.  Amend RSA 458:19-a by inserting after paragraph VI the following new paragraph:

VII.  The provisions of this section shall not be applied retroactively to any divorce decree that includes alimony and was granted on grounds of irreconcilable differences under RSA 458:7-a.

4  Effective Date.  This act shall take effect July 1, 2025.

Links


Date Body Type
Jan. 28, 2025 House Hearing
Jan. 28, 2025 House Exec Session
Jan. 28, 2025 House Floor Vote

Bill Text Revisions

HB325 Revision: 46159 Date: Jan. 7, 2025, 4:04 p.m.

Docket


Feb. 3, 2025: Committee Report: Inexpedient to Legislate 01/28/2025 (Vote 16-0; CC)


Feb. 3, 2025: Executive Session: 01/28/2025 10:30 am LOB 206-208


Jan. 15, 2025: Public Hearing: 01/28/2025 10:30 am LOB 206-208


Jan. 8, 2025: Introduced 01/08/2025 and referred to Children and Family Law HJ 2 P. 15