Alimony and Intentional Unemployment
In North Dakota, alimony, also known as spousal support, is a financial obligation that one spouse may have to the other after a divorce. The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. However, situations may arise where one party intentionally becomes unemployed or underemployed to avoid paying alimony.
Legal Provisions
Under the North Dakota Century Code 14-05-24.1, the court may require one party to pay spousal support to the other party for a limited period of time upon expressly finding that the recipient lacks sufficient property or income to provide for their reasonable needs, considering the marital standard of living, and that the payor has the ability to supply those means without undue economic hardship.
In determining the amount and duration of spousal support, the court considers several factors, 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, and the health and physical condition of each party.
Intentional Unemployment or Underemployment
If a spouse is intentionally unemployed or underemployed to avoid paying alimony, the court may consider the earning ability of that party, not their current income. This is often referred to as imputing income. The court may look at the party’s work history, education, and overall ability to work to determine what they should be earning.
However, proving intentional unemployment or underemployment can be challenging. It requires showing that the party is capable of working and that jobs are available, but they are choosing not to work or to work below their capabilities.
Legal Recourse
If you suspect your ex-spouse is intentionally avoiding employment to reduce or avoid alimony payments, you should consult with a family law attorney. They can guide you through the process of requesting a court hearing to review the circumstances.
During this hearing, you will have the opportunity to present evidence of your ex-spouse’s intentional unemployment or underemployment. This could include evidence of job offers they have turned down, a history of higher earnings, or evidence that they are living a lifestyle that exceeds their reported income.
If the court finds that your ex-spouse is intentionally unemployed or underemployed, it may impute income to them, meaning it will calculate alimony based on what they should be earning, not what they are currently earning.
Conclusion
In conclusion, while the law does not directly address the issue of intentional unemployment or underemployment to avoid alimony payments, the courts have the discretion to consider the earning ability of a party, not just their current income. If you suspect your ex-spouse is intentionally avoiding employment to reduce or avoid alimony payments, it is advisable to seek legal counsel to explore your options.