Termination of Spousal Support in North Dakota
Spousal support, also known as alimony, is a financial provision ordered by the court to be paid by one spouse to the other during or after a divorce. In North Dakota, the court has the discretion to determine the amount and duration of spousal support based on various factors such as the age of the parties, earning ability, duration of the marriage, conduct during the marriage, and the health and physical condition of each party, among others (North Dakota Century Code 14-05-24.1). However, there are specific circumstances under which spousal support can be terminated early.
Conditions for Early Termination
According to North Dakota Century Code 14-05-24.1, spousal support terminates upon the occurrence of certain events. These include:
- Remarriage of the recipient spouse: Spousal support is terminated upon the remarriage of the spouse receiving support. The spouse receiving support is required to provide notice of the remarriage to the payor spouse at the last known address of the payor spouse.
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Death of the recipient spouse: Spousal support also terminates upon the death of the spouse receiving support. The court may require reasonable security from the payor spouse in the event of the payor’s death.
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Cohabitation of the recipient spouse: If the court finds, based on a preponderance of the evidence, that the spouse receiving support has been habitually cohabiting with another individual in a relationship analogous to a marriage for one year or more, the court shall terminate spousal support.
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Retirement of the payor spouse: There is a rebuttable presumption that spousal support terminates upon the payor’s attaining full retirement age for social security purposes. This presumption may be overcome if the court determines spousal support should continue based on factors such as 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, among others.
Modification of Spousal Support
In addition to early termination, the court may also modify its spousal support order under certain circumstances. If a material change in circumstances occurs, general term spousal support may be modified. 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. The parties may expressly preclude or limit the modification of spousal support through a written agreement that is part of the judgment for divorce (North Dakota Century Code 14-05-24.1).
In conclusion, while spousal support is generally intended to last for a specific duration as determined by the court, there are certain circumstances under which it can be terminated early in North Dakota. These include the remarriage or death of the recipient spouse, cohabitation of the recipient spouse, and the retirement of the payor spouse. Additionally, the court may modify its spousal support order if a material change in circumstances occurs.