Property Division in North Dakota Divorce
In North Dakota, the division of property in a divorce is governed by the principles of equitable distribution. This means that the court will divide the marital property in a manner that it deems fair and just, but not necessarily equal. The court considers several factors when determining the division of property, as outlined in North Dakota Century Code ยง 14-05-24.
Factors Considered in Property Division
The court considers a variety of factors when dividing property in a divorce. These factors include:
- The conduct of the parties during the marriage: This refers to the behavior of each spouse during the marriage, including any instances of infidelity or abuse.
- The station in life of each party: This refers to the social and economic status of each spouse.
- The circumstances and necessities of each party: This refers to the needs and circumstances of each spouse, including their age, health, and earning capacity.
- The health and physical condition of each party: This refers to the physical and mental health of each spouse.
- The financial circumstances of the parties as shown by the property owned at the time of the divorce: This includes 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.
Earnings During the Marriage
In response to the question, “Can I get more property if I earned more during the marriage?”, it is important to note that North Dakota courts do not necessarily divide property based on who earned more during the marriage. While the income and earning capacity of each spouse are factors that the court may consider, they are not the sole determinants of how property is divided. The court will also consider other factors, such as the length of the marriage, the contributions of each spouse to the marital estate, and the needs of each spouse.
Separate and Marital Property
In North Dakota, property acquired during the marriage is generally considered marital property, regardless of which spouse earned the income used to acquire it. This includes wages, salaries, and other forms of income. On the other hand, separate property, which includes property acquired before the marriage and gifts or inheritances received during the marriage, is typically not subject to division in a divorce.
However, separate property can become marital property if it is commingled with marital property or used for the benefit of the marriage. For example, if one spouse uses their separate property to pay off the mortgage on a marital home, that separate property may be considered to have become marital property.
Conclusion
In conclusion, while the income earned by each spouse during the marriage is a factor that the court may consider when dividing property in a divorce, it is not the sole determinant. The court will consider a variety of factors to ensure that the division of property is fair and just. Therefore, earning more during the marriage does not necessarily mean that one will receive more property in a divorce. It is advisable to consult with a family law attorney to understand how these factors may apply in your specific situation.