Introduction
Divorce is a complex legal process that involves the dissolution of a marital union. In North Dakota, the divorce process is governed by the North Dakota Century Code. One of the key aspects of divorce proceedings is the issue of spousal support, also known as alimony. This article will provide a detailed overview of the legal provisions and procedures related to spousal support in North Dakota.
Spousal Support in North Dakota
Definition and Purpose
According to North Dakota Century Code 14-05-24.1, spousal support is a financial provision that one spouse may be required to pay to the other during or after a divorce. The purpose of spousal support is to minimize the financial impact of divorce on a spouse who is unable to support themselves adequately or to equitably divide the financial burden of the divorce.
Types of Spousal Support
The court may award three types of spousal support:
- Rehabilitative spousal support: This 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: This is awarded when a spouse is not capable of rehabilitation, self-support, or to minimize the burden of the divorce.
- Lump sum spousal support: This 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.
Factors Considered in Awarding Spousal Support
The court considers several factors when determining the amount and duration of spousal support, including:
- 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.
Duration of Spousal Support
The duration of spousal support is determined by the length of the marriage. The court may award spousal support for a percentage of the length of the marriage, with the percentage increasing as the length of the marriage increases. For example, for a marriage of less than 5 years, the court may award spousal support for up to 50% of the length of the marriage. For a marriage of 20 years or more, the duration of spousal support is agreed upon by the parties or for a limited time as determined by the court.
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.
Conclusion
In conclusion, yes, you can request spousal support during a divorce in North Dakota. The court will consider various factors to determine the amount and duration of the support. It is advisable to consult with a legal professional to understand your rights and obligations regarding spousal support in a divorce proceeding.