Temporary Spousal Support in North Dakota
In North Dakota, temporary spousal support, also known as alimony pendente lite, can be awarded during the pendency of a divorce proceeding. This type of support is intended to maintain the financial status quo of the parties until the final divorce decree is issued.
Legal Basis for Temporary Spousal Support
The awarding of temporary spousal support in North Dakota is governed by the North Dakota Century Code. Specifically, Section 14-05-24.1 of the Code provides the legal framework for spousal support, including temporary support.
According to the Code, the court may require one party to pay spousal support to the other party for a limited period of time upon expressly finding that:
a. The recipient lacks sufficient property or income, or the property or income is insufficient to enable the recipient to provide for their reasonable needs, considering the marital standard of living; and
b. The payor has the ability to supply those means without undue economic hardship.
Factors Considered in Awarding Temporary Spousal Support
In determining the amount and duration of temporary spousal support, the court considers several factors, as outlined in Section 14-05-24.1 of the North Dakota Century Code. These factors include:
a. The age of the parties;
b. The earning ability of each party;
c. The duration of the marriage;
d. The conduct of the parties during the marriage;
e. The station in life of each party;
f. The circumstances and necessities of each party;
g. The health and physical condition of each party; and
h. 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.
Modification of Temporary Spousal Support
The court may modify its temporary spousal support order under certain circumstances. According to Section 14-05-24.1 of the North Dakota Century Code, if a material change in circumstances occurs during the rehabilitative period, rehabilitative spousal support may be modified. A “material change in circumstances” is defined as a change that substantially affects the financial abilities or needs of the parties and which was not contemplated by the parties at the time of the original award.
Conclusion
In conclusion, temporary spousal support in North Dakota is awarded based on a variety of factors, including the financial needs and abilities of both parties, the duration of the marriage, and the conduct of the parties during the marriage. The court has the discretion to modify the support order if there is a material change in circumstances. As always, it is recommended to consult with a legal professional to understand the specifics of your situation.