Impact of Remarriage on Alimony Obligations in North Dakota
In North Dakota, the law provides specific guidelines on how remarriage impacts alimony, also known as spousal support. These guidelines are outlined in the North Dakota Century Code (NDCC) and are applied by the courts in divorce cases.
Termination of Spousal Support Upon Remarriage
According to NDCC 14-05-24.1, unless otherwise agreed by the parties in writing, spousal support is terminated upon the remarriage of the spouse receiving support. This means that once the spouse who is receiving alimony gets remarried, the obligation of the payor spouse to continue making alimony payments ceases.
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. This is to ensure that the payor spouse is aware of the change in circumstances and can stop making payments.
Exceptions to Termination of Spousal Support
While the general rule is that spousal support terminates upon remarriage, there are exceptions. 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. This means that if the parties have agreed in writing that spousal support will continue even after remarriage, the court will honor this agreement.
Modification of Spousal Support
The court has the power to modify its spousal support order under certain circumstances. 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. This means that if the spousal support was awarded as a lump sum, it cannot be modified even if the recipient spouse remarries.
Cohabitation and Spousal Support
In addition to remarriage, cohabitation can also impact spousal support. According to NDCC 14-05-24.1, upon an order of the court based upon 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. This means that if the recipient spouse is living with another person in a relationship similar to marriage, the court may terminate the spousal support.
In conclusion, remarriage generally leads to the termination of alimony obligations in North Dakota, unless otherwise agreed by the parties. However, the specific circumstances of each case can influence how the law is applied, and it is always advisable to consult with a legal professional to understand the full implications of remarriage on alimony obligations.