Requesting Alimony During the Divorce Process in North Dakota
In North Dakota, a spouse can indeed request alimony, also known as spousal support, during the divorce process. The court has the discretion to award spousal support based on a variety of factors, as outlined in the North Dakota Century Code.
Types of Spousal Support
According to North Dakota law, there are three types of spousal support that can be awarded:
- Rehabilitative spousal support: This is awarded when it is possible to restore a spouse to independent economic status or to equitably divide the burden of the divorce by increasing that spouse’s earning capacity.
- General term spousal support: This is awarded when a spouse is not capable of rehabilitation, self-support, or to minimize the burden of the divorce.
- Lump sum spousal support: This is awarded as additional marital property to a spouse or the court may otherwise adjust the distribution of the marital property and debt to eliminate the need for spousal support or to reduce the amount or the duration of the spousal support.
Factors Considered in Awarding Spousal Support
The court considers several factors when determining whether to award spousal support and the amount of such support. These factors include:
- The conduct of the parties during the marriage
- The station in life of each party
- The circumstances and necessities of each party
- The health and physical condition of each party
- The financial circumstances of the parties as shown by the property owned at the time of the divorce, including the value of the property at the time of the divorce, the income-producing capacity of the property, and whether the property was acquired before or after the marriage.
Duration of Spousal Support
The duration of the spousal support award is determined as a percentage of the number of months of the length of the marriage. For example, for a marriage that lasted less than 5 years, the spousal support could be up to 50% of the length of the marriage. For a marriage that lasted between 5 and 10 years, the spousal support could be up to 60% of the length of the marriage, and so on.
Modification of Spousal Support
The court may modify its spousal support order, subject to certain limitations. This means that the amount of spousal support awarded can be changed if circumstances change significantly.
Procedure for Requesting Spousal Support
To request spousal support during the divorce process, a party must include this request in their initial divorce filing or in a response to a divorce filing. The party requesting support must provide detailed financial information, including income, expenses, assets, and debts. This information is used by the court to determine the need for support and the ability of the other party to pay support.
In conclusion, yes, you can request alimony during the divorce process in North Dakota. However, the awarding of alimony is not guaranteed and depends on a variety of factors. It is recommended to consult with a legal professional to understand your rights and options.