Rehabilitative spousal support is a type of alimony awarded by the court in a divorce proceeding. According to the North Dakota Century Code 14-05-24.1, it is designed to restore a spouse to independent economic status or to equitably divide the burden of the divorce by increasing that spouse’s earning capacity. This type of support is typically awarded when it is possible for the recipient spouse to become self-sufficient through education, training, or work experience.
Understanding Rehabilitative Spousal Support
Rehabilitative spousal support is not a permanent arrangement. It is awarded for a limited period of time, determined by the court, to allow the recipient spouse to become financially independent. The duration and amount of this support are influenced by several factors, as outlined in the North Dakota Century Code 14-05-24.1.
Factors Influencing Rehabilitative Spousal Support
The court considers several factors when determining the amount and duration of rehabilitative spousal support. These include:
- The age of the parties
- The earning ability of each party
- The duration of the marriage
- 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.
Modification of Rehabilitative Spousal Support
The court may modify its spousal support order if a material change in circumstances occurs during the rehabilitative period. 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.
Termination of Rehabilitative Spousal Support
Rehabilitative spousal support terminates upon certain conditions. According to the North Dakota Century Code 14-05-24.1, these conditions include:
- The length of the marriage and the duration of the spousal support award as a percentage of the number of months of the length of the marriage.
- The remarriage of the recipient spouse.
- The habitual cohabitation of the recipient spouse with another individual in a relationship analogous to a marriage for one year or more.
- The payor attaining full retirement age for social security purposes, unless the court determines spousal support should continue based on certain factors.
In conclusion, rehabilitative spousal support in North Dakota is a temporary form of spousal support designed to help a spouse become financially independent following a divorce. The amount, duration, modification, and termination of this support are determined by the court based on various factors and conditions as outlined in the North Dakota Century Code 14-05-24.1.