Termination of Alimony Payments in North Dakota
In North Dakota, alimony, also known as spousal support, is not a guaranteed part of the divorce process. It is awarded based on a variety of factors, including the length of the marriage, the financial situation of both parties, and the ability of each party to support themselves. However, once awarded, there are several circumstances under which alimony payments can be terminated.
Statutory Provisions for Termination
According to the North Dakota Century Code, there are several circumstances under which alimony payments can be terminated. These include:
- Remarriage of the recipient spouse: Unless otherwise agreed by the parties in writing, 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 (North Dakota Century Code).
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Death of either spouse: Unless otherwise agreed by the parties in writing, spousal support is terminated upon the death of either the payor or the recipient spouse. The court may require reasonable security from the payor spouse in the event of the payor’s death (North Dakota Century Code).
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Cohabitation of the recipient spouse: If the court determines, 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, unless otherwise agreed to by the parties in writing (North Dakota Century Code).
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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; and the degree and duration of the economic dependency of the recipient upon the payor during the marriage (North Dakota Century Code).
Modification of Alimony Orders
In addition to the above circumstances, the court may modify its spousal support order if a material change in circumstances occurs. However, this is subject to certain limitations and requires a formal application to the court. The court will then hold a hearing to determine if a modification is warranted (North Dakota Century Code).
It’s important to note that lump sum spousal support cannot be modified upon the filing of a judgment. The parties may also 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).
Legal Assistance
Terminating alimony payments can be a complex process, and it’s recommended to seek legal advice to navigate the legal procedures involved. An experienced family law attorney can provide guidance on the process, help gather necessary evidence, and represent your interests in court.
In conclusion, while there are several circumstances under which alimony payments can be terminated in North Dakota, the specific circumstances of each case will greatly influence the outcome. Therefore, it’s crucial to consult with a legal professional to understand your rights and obligations.