Spousal Support and Retirement in North Dakota
In North Dakota, the issue of spousal support and retirement is governed by the North Dakota Century Code. The law provides specific guidelines on when and how spousal support can be terminated or modified, including in situations where the payor spouse reaches retirement age.
Termination of Spousal Support
According to North Dakota Century Code 14-05-24.2, there is a rebuttable presumption that spousal support terminates upon the payor’s attaining full retirement age for social security purposes. This means that, in general, spousal support is expected to end when the spouse who is paying support reaches the age at which they are eligible for full social security benefits.
However, this presumption can be overcome if the court determines that spousal support should continue based on certain factors. These factors include the ages of the parties at the time of the marriage, the time of the entry of the spousal support award, and the time of the application for retirement. The court will also consider the degree and duration of the economic dependency of the recipient upon the payor during the marriage, among other factors.
Modification of Spousal Support
The court also has the authority to modify its spousal support order under certain circumstances. According to the same section of the North Dakota Century Code, if a material change in circumstances occurs, general term spousal support may be modified. This could potentially include situations where the payor spouse retires.
However, the court will consider several factors in deciding whether to modify the spousal support order. These include the degree and duration of the economic dependency of the recipient upon the payor during the marriage, the duration or amount of spousal support already paid, the health of the parties at the time of the retirement application, and the assets of the parties at the time of the retirement application, among others.
Conclusion
In conclusion, while there is a general presumption that spousal support ends when the payor spouse reaches full retirement age, this is not an absolute rule. The court has the discretion to continue spousal support based on a variety of factors, and it can also modify the spousal support order if there is a material change in circumstances. Therefore, whether spousal support ends upon retirement will depend on the specific circumstances of each case.