Division of Pensions in a North Dakota Divorce
In North Dakota, the division of pensions in a divorce is governed by the principles of equitable distribution. This means that the court will divide the marital property, including pensions, in a manner that it deems fair and equitable, but not necessarily equal. The court’s decision is guided by the North Dakota Century Code (NDCC) and relevant case law.
Equitable Distribution of Property
According to NDCC 14-05-24, when a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. This includes pensions, which are considered marital property if they were acquired or contributed to during the marriage. The valuation date for marital property and debt is either the date mutually agreed upon between the parties or, if no agreement is reached, sixty days before the initially scheduled trial date. If there is a substantial change in value of an asset or debt between the date of valuation and the date of trial, the court may adjust the valuation as necessary to effect an equitable distribution.
Consideration of Social Security Benefits
The NDCC 14-05-24 also provides specific guidance for situations where one party to the divorce is covered by a civil service retirement system or other government pension system in lieu of social security and is not entitled to receive full social security benefits. In such cases, the court shall compute what the present value of the social security benefits would have been to the party with the government pension during the covered period and subtract that amount from the value of the government pension in order to determine the government pension’s marital portion.
Factors Influencing the Division of Pensions
The court considers several factors when dividing pensions and other marital property. These factors, as outlined in NDCC 14-05-24, include 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.
Modification of Spousal Support Order
The court has the authority to modify its spousal support order, which may impact the division of pensions. According to NDCC 14-05-24, the court may award rehabilitative spousal support, general term spousal support, or lump sum spousal support as additional marital property to a spouse. The duration of spousal support is determined by the length of the marriage and can be modified by the court subject to certain limitations.
In conclusion, the division of pensions in a North Dakota divorce is a complex process that involves the application of equitable distribution principles, consideration of social security benefits, evaluation of various factors, and potential modification of spousal support orders. It is recommended that individuals going through a divorce consult with a legal professional to understand how these laws and principles apply to their specific situation.