Yes, spousal support can be included in a settlement agreement. In North Dakota, 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 14-05-24.1-08). This means that the terms of spousal support, including its amount and duration, can be agreed upon by the parties and included in their settlement agreement.
Spousal Support in North Dakota
Spousal support, also known as alimony, is a payment made by one spouse to the other after a divorce. It is designed to prevent economic hardship on a spouse who is unable to support themselves financially. In North Dakota, the court has the discretion to award spousal support based on a variety of factors.
Factors Considered in Awarding Spousal Support
According to North Dakota Century Code 14-05-24.1-03, the court considers several factors in 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;
- 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, 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.
Types of Spousal Support
The court may award three types of spousal support: rehabilitative, general term, and lump sum (North Dakota Century Code 14-05-24.1-04).
- Rehabilitative spousal support is awarded when it is possible to restore a spouse to independent economic status or to equitably divide the burden of the divorce by increasing that spouse’s earning capacity.
- General term spousal support is awarded when a spouse is not capable of rehabilitation, self-support, or to minimize the burden of the divorce.
- Lump sum spousal support is awarded as additional marital property to a spouse or the court may otherwise adjust the distribution of the marital property and debt to eliminate the need for spousal support or to reduce the amount or the duration of the spousal support.
Modification and Termination of Spousal Support
Spousal support orders can be modified by the court under certain circumstances. If a material change in circumstances occurs, general term spousal support may be modified (North Dakota Century Code 14-05-24.1-06). However, lump sum spousal support cannot be modified upon the filing of a judgment (North Dakota Century Code 14-05-24.1-07).
Spousal support is terminated upon the remarriage or death of the spouse receiving support, unless otherwise agreed by the parties in writing (North Dakota Century Code 14-05-24.1-09).
Inclusion of Spousal Support in Settlement Agreements
As mentioned earlier, spousal support can be included in a settlement agreement. The parties can agree on the terms of spousal support and include them in their settlement agreement. This agreement becomes part of the judgment for divorce. The court may enforce the terms of this agreement, unless it finds that a term was unconscionable at the time of signing or enforcement of the term would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed (North Dakota Century Code 14-05-24.1-06).