Bill > HB1229

This bill amends existing New Hampshire law regarding alimony waivers by establishing that agreements in which divorcing parties waive their rights to past, present, or future alimony shall be legally enforceable by default. The waiver will only be invalidated if a court finds, based on a preponderance of evidence, that the agreement was compromised by specific circumstances such as coercion, deceit, duress, fraud, mutual mistake, material misrepresentation, supervening illegality, or if enforcing the agreement would be unconscionable. This means that when divorcing parties mutually agree to waive alimony, their agreement will be honored by the court unless one party can prove that the waiver was obtained through unfair or illegal means. The bill will take effect on January 1, 2027, providing ample time for legal professionals and citizens to become familiar with the new standard. The legislation aims to provide clarity and predictability in how alimony waivers are treated in divorce proceedings in New Hampshire.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2163&inflect=2