When a divorce is finalized, the alimony order that comes with it can feel like the last word. But life does not stop moving after a divorce decree is signed. People change jobs, retire, develop health problems, and sometimes remarry.
When the person receiving alimony remarries, the person paying it often assumes the obligation automatically ends. Under New Hampshire law, however, the answer is not always that simple.
A recent New Hampshire Supreme Court decision, In the Matter of Dickison and Sileo, illustrates why remarriage and alimony can be more complicated than many people expect.
When Can Alimony Be Modified in New Hampshire?
Under New Hampshire law, alimony orders are not necessarily permanent. Either party may ask the court to modify or terminate an alimony award if circumstances have changed since the original order was entered.
However, courts generally will not revisit an alimony award simply because one party is unhappy with the result. The party seeking a modification typically must show that a substantial change in circumstances has occurred, making the existing order unfair or inappropriate. New Hampshire courts have also held that circumstances that were anticipated or reasonably foreseeable when the divorce decree was entered generally do not justify modifying alimony.
Examples of changes that may warrant review include:
- A significant involuntary reduction in income;
- Serious illness or disability;
- A substantial change in either party’s financial circumstances; or
- Retirement under appropriate circumstances.
The burden of proof generally rests on the person seeking the modification. Courts begin with the assumption that existing court orders, particularly those based upon negotiated agreements between the parties, should be respected.
What Does New Hampshire Law Say About Remarriage?
Under New Hampshire’s current alimony statute, term alimony generally ends upon the recipient’s remarriage unless the parties have agreed otherwise.
That exception is important.
New Hampshire courts strongly favor enforcing negotiated divorce agreements. In many divorces, alimony is only one part of a larger settlement that may also involve property division, retirement assets, or other financial considerations. If the parties expressly agree that alimony will continue despite remarriage, courts will generally honor that agreement.
The more difficult questions often arise when an agreement is silent on the issue or when an older divorce decree is governed by prior versions of New Hampshire’s alimony laws.
What Happened in Dickison and Sileo?
In Dickison and Sileo, the parties divorced in 2016 after a twenty-two-year marriage. Their divorce decree required the husband to pay $9,000 per month in alimony. The agreement provided that the alimony obligation would terminate upon the husband’s death, but it did not expressly address remarriage.
Several years later, the wife remarried. The husband subsequently filed a motion seeking to modify his alimony obligation, arguing that circumstances had changed. The trial court denied his request and later found him in contempt after he unilaterally reduced his payments without court approval.
On appeal, the husband argued that remarriage should be treated as a substantial change in circumstances warranting modification or termination of alimony. However, the New Hampshire Supreme Court did not decide that question. Instead, the Court concluded that the argument had not been properly preserved in the trial court and therefore declined to address it. The Court ultimately affirmed the trial court’s decision.
Although the Supreme Court did not resolve the underlying remarriage issue, the case serves as an important reminder that alimony modification disputes often depend not only on life events themselves, but also on the specific language of the divorce decree and the legal arguments properly raised before the court.
Practical Lessons for Divorcing Spouses
Whether you pay alimony or receive it, there are several important lessons to keep in mind.
First, the language of your agreement matters. If you are negotiating a divorce settlement, consider expressly addressing what happens upon remarriage, cohabitation, retirement, or other significant life events. Clear language today may prevent expensive litigation years later.
Second, remarriage is not always an automatic off-switch. Depending upon the applicable law, the language of the divorce decree, and the circumstances of the case, remarriage may end alimony, support a request for modification, or have little effect at all.
Third, do not simply stop paying. If you believe circumstances have changed enough to justify modifying alimony, the safest course is to seek court approval. Unilaterally reducing or stopping payments can result in contempt findings, arrearages, attorney’s fees, and other consequences, as the husband in Dickison and Sileo learned.
Speak With a New Hampshire Family Law Attorney
Alimony modification cases are highly fact-specific. The outcome may depend on the language of the parties’ agreement, the timing of events, the financial circumstances of both parties, and the procedural history of the case.
If you are paying or receiving alimony and have questions about remarriage, retirement, changes in income, or other life events that may affect your rights and obligations, the family law attorneys at Cohen & Winters can help you understand your options under New Hampshire law.
Contact us today to schedule a consultation and discuss your situation with an experienced New Hampshire family law attorney.