Types of Alimony in North Dakota
In North Dakota, alimony, also known as spousal support, is a financial provision awarded to a spouse during or after a divorce. The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. The North Dakota Century Code provides for three types of alimony: temporary, rehabilitative, and permanent.
Temporary Alimony
Temporary alimony, also known as pendente lite alimony, is granted during the divorce proceedings. This type of alimony is intended to maintain the financial status quo of the parties during the divorce process. According to North Dakota Century Code 14-05-23, the court may issue an order requiring a party to pay such support as may be necessary for the support of the other party during the pendency of a divorce action. This order can be issued upon the application of a party and served in accordance with the North Dakota Rules of Court.
Rehabilitative Alimony
Rehabilitative alimony is awarded to a spouse for a specific period to allow them to become self-supporting. This type of alimony is often awarded in cases where one spouse has been out of the workforce for a significant period and needs time and resources to acquire necessary education or training to become employable and self-sufficient. The duration of rehabilitative alimony is typically determined by the court based on the time it would reasonably take for the recipient spouse to become financially independent.
Permanent Alimony
Permanent alimony is awarded when the court determines that the recipient spouse is unlikely to become self-supporting due to factors such as age, health, or lack of employable skills. This type of alimony continues indefinitely until the death of either party, the remarriage of the recipient spouse, or a significant change in circumstances that would make the continuation of alimony unjust.
It’s important to note that the award of alimony in North Dakota is not automatic. The court considers several factors in determining whether to award alimony, the type of alimony to be awarded, and the amount of the award. These factors include the duration of the marriage, the age and health of the parties, their earning abilities, the standard of living established during the marriage, and the needs and financial resources of each party.
In conclusion, the types of alimony available in North Dakota are temporary, rehabilitative, and permanent. Each type serves a specific purpose and is awarded based on the specific circumstances of each case. It is advisable to consult with a legal professional to understand the potential alimony implications of a divorce in North Dakota.