HB 1229 New Hampshire House · 2026 Regular Session

relative to waivers of alimony.

HB 1229 requires courts to enforce alimony waivers in divorce agreements unless the waiver is proven invalid due to coercion, fraud, duress, mutual mistake, material misrepresentation, supervening illegality, or unconscionability. It directly affects individuals in divorce proceedings who have signed agreements waiving alimony rights. The bill amends New Hampshire law to make such waivers binding by default, shifting the burden to the party challenging the waiver to prove one of the specified grounds for invalidity. The change takes effect January 1, 2027. This policy alters how courts handle alimony waiver agreements in family law cases.
Bill status passed 3 of 5 stages cleared
Introduction
Dec 2025
Committee Review
Apr 2026
House Passage
Mar 2026
Senate Passage
Governor
Introduced Dec 1, 2025 Last action Apr 10, 2026
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What changed between versions

Introduced As Amended by the House · 1 edit
MINOR
The House amendment adds a new ground for invalidating alimony-related agreements: in addition to unconscionability, an agreement can now be found unenforceable if facts and circumstances have changed since it was executed. This makes it easier for a party to challenge enforcement of such agreements by showing that conditions have materially shifted over time.
REQUIREMENT

Added 'or the facts and circumstances have changed since the agreement was executed so as to make the agreement unenforceable' as an additional basis (alongside unconscionability) for a court to refuse enforcement of an alimony-related agreement. This broadens the grounds on which a party can argue the agreement should not be enforced.

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Full legislative history

Actions timeline

Total actions
10
Key actions
2
Committee
3
Amendments
1
Apr 7, 2026
Committee
Committee Report: Referred to Interim Study, 04/16/2026; Vote 3-0; CC; SC 14
upper
Mar 6, 2026
Introduced
Introduced 03/05/2026 and Referred to Children and Family Law; SJ 6
upper
Mar 5, 2026
Lower · Passed
Ought to Pass with Amendment 2026-0552h: MA VV 03/05/2026 HJ 6 P. 2
lower
Mar 5, 2026
Introduced
Amendment # 2026-0552h: AA VV 03/05/2026 HJ 6 P. 2
lower
Feb 26, 2026
Lower · Passed
Committee Report: Ought to Pass with Amendment # 2026-0552h 02/10/2026 (Vote 15-0; CC) HC 9 P. 4
lower
Dec 1, 2025
Introduced
Introduced 01/07/2026 and referred to Children and Family Law HJ 1 P. 11
lower
1 primary · 3 co-sponsors

Sponsors