Introduction
Divorce proceedings in North Dakota are governed by the North Dakota Century Code (NDCC), which provides detailed guidelines on various aspects of divorce, including spousal support or alimony. This article will focus on the legal provisions related to spousal support, specifically addressing the question of whether an individual can request an increase in alimony if their financial needs change.
Spousal Support in North Dakota
Definition and Purpose
According to NDCC 14-05-24.1, spousal support, also known as alimony, is a financial provision that one party may be required to pay to the other party for a limited period of time following a divorce. The purpose of spousal support is to ensure that the recipient spouse can maintain a reasonable standard of living, considering the marital standard of living, and that the payor can supply those means without undue economic hardship.
Factors Considered in Determining Spousal Support
The court considers several factors when determining the amount and duration of spousal support, including 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, and the financial circumstances of the parties as shown by the property owned at the time of the divorce (NDCC 14-05-24.1).
Modification of Spousal Support
Material Change in Circumstances
According to NDCC 14-05-24.1, a spousal support order may be modified if a “material change in circumstances” occurs. 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. This provision implies that if a recipient’s financial needs change significantly, they may request an increase in alimony.
Limitations on Modification
However, there are limitations on the modification of spousal support. For instance, the parties may expressly preclude or limit the modification of spousal support through a written agreement that is part of the judgment for divorce. Additionally, upon the filing of a judgment, the parties may not seek and the court may not order a modification of lump sum spousal support.
Conclusion
In conclusion, under North Dakota law, a recipient of spousal support can request an increase in alimony if their financial needs change significantly, constituting a “material change in circumstances.” However, this is subject to certain limitations, including any written agreements between the parties that limit or preclude modification of spousal support. As always, it is advisable to consult with a legal professional to understand the specifics of your situation and how the law applies to you.