State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | New Hampshire | New York |
|---|---|---|
| Support term | alimony | maintenance |
| Formula profile | statutory | statutory |
| Property system | equitable | equitable |
| Legal framework | Temporary alimony may be ordered while the case is pending and ordinarily ends when the divorce, legal separation, or annulment becomes effective. Final term or reimbursement alimony is governed by RSA 458:19-a and related provisions, which include formula, duration, deviation, and termination rules. | Temporary maintenance during divorce proceedings is calculated using statutory formulas established in Domestic Relations Law § 236(B)(5-a). Post-divorce maintenance is governed by § 236(B)(6), where courts apply statutory formulas, duration advisory ranges, and deviation factors before entering a final award. |
| Statute citation | N.H. Rev. Stat. Ann. §§ 458:19, 458:19-a, 458:19-aa, and 458:19-b | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
New Hampshire and New York calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between New Hampshire and New York. This is educational, not a court prediction.
Statutory term alimony estimate: 23% of the difference between payer gross income and recipient gross income, limited by the recipient's reasonable need and the payer's ability to meet both parties' reasonable needs.
$1,533/mo
Planning range: $1,226-$1,840/mo
Duration: About 8 years
Guideline maintenance estimate using New York's higher formula: 30% of payer income minus 20% of recipient income, capped so the recipient does not receive more than 40% of combined income after maintenance. If the maintenance payer is also the noncustodial parent paying child support, New York uses a lower formula: 20% of payer income minus 25% of recipient income.
$2,000/mo
Planning range: $1,600-$2,400/mo
Duration: About 3 years
New Hampshire: New Hampshire has a statutory formula for term alimony, but the formula is limited by the recipient's reasonable need and the payer's ability to pay. Term alimony is generally calculated as the lesser of the recipient's reasonable need or 23% of the difference between the parties' gross incomes under current federal tax treatment. Courts may adjust the formula or duration if justice requires. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
New Hampshire: The maximum duration of New Hampshire term alimony is generally 50% of the length of the marriage, unless the parties agree otherwise or the court finds that justice requires an adjustment. Term alimony ends on the recipient's remarriage unless the parties' agreement provides otherwise. Reimbursement alimony is separate, compensates contributions to the payer's financial resources, and is generally capped at 5 years from the final decree unless the parties agree otherwise. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
New Hampshire: New Hampshire alimony may be modified when statutory standards for modification are met, including changes affecting need, income, or ability to pay. Modification depends on the type of alimony and the terms of the order or agreement. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.
New Hampshire uses the term alimony and provides a structured statutory framework for temporary, term, and reimbursement awards. The state uses a formula-based approach for many term alimony calculations, but courts may deviate when justice requires. Duration is also limited by statute, with term alimony generally capped at 50% of the length of the marriage.
Eligibility: A spouse may qualify if they have need, the other spouse has the ability to pay, and the requested award is reasonable under the statutory framework. New Hampshire courts consider the parties' respective incomes, expenses, assets, marriage length, and fairness. Reimbursement alimony may apply when one spouse made economic or noneconomic contributions that enhanced the other's earning capacity or property position.
New York uses the term maintenance for spousal support and employs statutory formulas that provide presumptive maintenance amounts in many cases. Courts begin with the statutory calculation but may deviate when the formula would be unjust or inappropriate after considering statutory factors. Maintenance awards are intended to address economic disparities created by the marriage and divorce.
Eligibility: A spouse may qualify for maintenance when there is a demonstrated economic disparity and the statutory analysis supports an award. Courts review the parties' incomes, property distribution, future earning potential, and financial circumstances. Qualification does not require fault and is evaluated under the statutory framework.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
