Norberg v. Norberg: Alimony Cannot Be Waived By Agreement

When negotiating a settlement, it is important to keep in mind that New Hampshire law does not allow parties to waive future alimony. The 1994 case of Norberg v. Norberg is controlling. It explains that although property division is not modifiable, alimony is an entirely different matter. Even if the parties enter into an agreement that expressly waives their right to seek alimony, the court retains the authority to revise its orders under RSA 458:14

How this factors into settlement negotiations will depend on the facts of your case. First, whether you go to trial or reach a settlement, the court will retain the authority to modify alimony. It should be carefully considered when providing the other party with  a larger division of the assets or taking on additional debt in exchange for a reduced term or amount of alimony. Knowledge of the standards for modification, especially in light of the recent Lyon decision, will also be important to come to a knowing and voluntary settlement. 

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