Spousal Support Without Divorce in North Dakota
In North Dakota, the legal system provides for the possibility of spousal support even in the absence of a divorce. This is governed by specific statutes within the North Dakota Century Code.
Separate Maintenance
According to North Dakota Century Code 14-05-26, even if a judgment of divorce is denied, the court may provide for the maintenance of one spouse by the other. This provision is referred to as separate maintenance. Separate maintenance is a court order that requires one spouse to provide financial support to the other while they remain married but live separately.
Legal Separation
In addition to separate maintenance, North Dakota Century Code 14-05-27 provides for spousal support in cases of legal separation. Upon the granting of a separation, the court may include in the decree an order requiring a party to pay for spousal support. The decree may also provide for the equitable division of the property and debts of the parties.
Spousal Support Modification and Termination
The North Dakota Century Code also outlines specific conditions under which spousal support may be modified or terminated. For instance, if a material change in circumstances occurs, general term spousal support may be modified (14-05-24.1). However, upon the filing of a judgment, the parties may not seek and the court may not order a modification of lump sum spousal support (14-05-24.1).
Spousal support is terminated upon the remarriage or death of the spouse receiving support, unless otherwise agreed by the parties in writing (14-05-24.1).
Factors Considered in Determining Spousal Support
The court considers several factors when determining the amount and duration of spousal support. These factors 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, and the health and physical condition of each party (14-05-24.1).
Interim Orders
Interim orders may also provide for spousal support. According to the North Dakota Rules of Court, an interim order may provide for payment of attorney’s fees and costs if evidence establishes that a party has insufficient personal income or funds with which to pay attorney’s fees and costs. The interim order may also provide for the use of real or personal property, and for restraining and eviction.
In conclusion, in North Dakota, spousal support can indeed be ordered without a divorce. This can occur under circumstances of separate maintenance or legal separation, and the amount and duration of such support are determined by various factors considered by the court.