Alimony in North Dakota: An Overview
In North Dakota, alimony, also known as spousal support, is a payment made by one spouse to the other 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.
Types of Spousal Support in North Dakota
There are three types of spousal support in North Dakota: temporary, rehabilitative, and permanent.
Temporary Spousal Support
Temporary spousal support is awarded during the divorce proceedings and is intended to maintain the financial status quo of the parties until the divorce is finalized.
Rehabilitative Spousal Support
Rehabilitative spousal support is awarded to a spouse who needs financial assistance while acquiring education or training to become self-supporting. The duration of this support is usually limited and is determined by the time it would reasonably take for the spouse to become self-supporting.
Permanent Spousal Support
Permanent spousal support is awarded when one spouse is unable to become self-supporting due to age, health conditions, or other factors. This type of support continues until the death of either party, the remarriage of the recipient spouse, or a significant change in circumstances.
Lump Sum Spousal Support in North Dakota
In North Dakota, the court may award lump sum spousal support as additional marital property to a spouse. This is done to eliminate the need for ongoing spousal support or to reduce the amount or duration of the spousal support (North Dakota Century Code § 14-05-24.1).
The court may adjust the distribution of the marital property and debt to accommodate this lump sum payment. However, once a judgment for lump sum spousal support has been filed, neither party can seek a modification of the amount, and the court cannot order a modification (North Dakota Century Code § 14-05-24.1(7)).
Factors Considered in Awarding Spousal Support
The court considers several factors when determining the amount and duration of spousal support, including the length of the marriage, the age and health of the parties, their earning abilities, and their conduct during the marriage.
For marriages of less than 5 years, the court may award spousal support up to 50% of the number of months of the length of the marriage. For marriages between 5 and 10 years, up to 60% may be awarded. For marriages between 10 and 15 years, up to 70% may be awarded. For marriages between 15 and 20 years, up to 80% may be awarded. For marriages of 20 years or more, the duration is agreed upon by the parties or for a limited time as determined by the court (North Dakota Century Code § 14-05-24.1(5)).
Termination of Spousal Support
Unless otherwise agreed by the parties in writing, spousal support is terminated upon the remarriage or death of the spouse receiving support. The court may require reasonable security from the payor spouse in the event of the payor’s death. Immediately upon remarriage, the spouse receiving support must provide notice of the remarriage to the payor spouse at the last known address of the payor spouse (North Dakota Century Code § 14-05-24.1(9)).
In conclusion, yes, alimony can be paid in a lump sum in North Dakota. However, the decision to award lump sum spousal support is at the discretion of the court and is based on various factors, including the financial circumstances of both parties.