Eligibility for Spousal Support in North Dakota
In North Dakota, the court may require one party to pay spousal support to the other party for a limited period of time, based on certain conditions. These conditions are outlined in the North Dakota Century Code and are used to determine the eligibility of a spouse for support.
Factors Considered for Spousal Support
The court considers several factors when 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
- 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.
Spousal Support and Disability
If a spouse is on disability, this could potentially impact the court’s decision regarding spousal support. The court considers the health and physical condition of each party, which would include any disabilities. Additionally, the earning ability of each party is a factor, and a disability could potentially limit a person’s ability to earn income.
However, the court also considers the ability of the payor to supply support without undue economic hardship. Therefore, if the spouse required to pay support is also on disability, this could potentially impact their ability to pay.
Types of Spousal Support
After considering the factors outlined above, the court may award different types of spousal support:
- Rehabilitative spousal support, which aims 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, which is awarded when a spouse is not capable of rehabilitation, self-support, or to minimize the burden of the divorce.
- Lump sum spousal support, which 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
The court may modify its spousal support order if a material change in circumstances occurs. However, lump sum spousal support cannot be modified upon the filing of a judgment. Spousal support is terminated upon the remarriage or death of the spouse receiving support, unless otherwise agreed by the parties in writing.
In conclusion, being on disability could potentially impact your eligibility for spousal support in North Dakota. However, the court will consider a variety of factors, including the financial circumstances of both parties, before making a decision. It is recommended to consult with a legal professional to understand your specific situation and potential outcomes.