In the Matter of Henry & Henry

Summary

The New Hampshire Supreme Court affirmed a divorce decree granting a fault-based divorce, awarding alimony, and distributing the marital property slightly unequally. The court held that the respondent’s conduct, including the sexual abuse of the parties’ son and the petitioner’s later discovery of that conduct, supported a finding that the petitioner’s health was seriously injured or her reason seriously endangered under RSA 458:7, V. The court also upheld the alimony award and property distribution.

Holdings

1. A fault-based divorce was proper because the evidence supported the finding that the respondent's conduct seriously injured the petitioner's health or seriously endangered her reason. The conduct need not have been directed at the innocent spouse, need not have been recent, and need not have been undertaken with malevolent intent; the relevant injury occurred when the petitioner learned of the conduct and suffered serious physical or mental effects.
2. The trial court did not commit an unsustainable exercise of discretion by awarding the petitioner $1,500 per month in alimony.
3. The trial court's distribution of the parties' property, including the 53-percent/47-percent allocation and assignment of assets and debts, did not require reversal.
4. Inherited property belonging to either spouse is included within the statutory definition of marital property subject to equitable distribution under RSA 458:16-a, I, although the trial court may consider the property's inherited character when determining whether an equal division is equitable.
5. The court declined to consider the respondent's challenge to the order requiring him to pay one-half of possible COBRA costs because he did not demonstrate that he preserved the argument for appellate review.

Questions Presented

1. Whether the evidence supported a fault-based divorce under RSA 458:7, V, based on conduct that seriously injured the petitioner's health or seriously endangered her reason.
2. Whether the trial court abused its discretion by awarding the petitioner $1,500 per month in alimony.
3. Whether the trial court abused its discretion in distributing the marital property unequally and assigning particular assets and debts.
4. Whether inherited property belonging to one spouse during the marriage is marital property subject to equitable distribution under RSA 458:16-a, I.
5. Whether the respondent preserved his challenge to the order requiring him to pay one-half of possible COBRA costs.

Disposition

affirmed