Pension Division in North Dakota Divorce Cases
In North Dakota, the division of marital assets, including pensions, 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 equitable, but not necessarily equal. The court considers several factors in determining the division of assets, including pensions.
Legal Basis for Pension Division
The North Dakota Century Code (NDCC) §14-05-24 (1) provides the legal basis for the division of marital property, including pensions. It states that the court shall make an equitable distribution of the marital property between the parties. The court considers the duration of the marriage, the age, and the health of the parties, their earning abilities, the conduct of the parties during the marriage, and their station in life, among other factors.
Treatment of Pensions
Pensions are typically considered marital property in North Dakota, especially if they were acquired or contributed to during the marriage. According to NDCC §14-05-24 (2), if 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, the court may adjust the value of the government pension to determine its marital portion. The court computes the present value of the social security benefits that would have been received by the party with the government pension during the covered period and subtracts that amount from the value of the government pension.
Factors Considered in Pension Division
The court considers several factors in determining the division of pensions. These 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, 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 (NDCC §14-05-24 (3)).
Spousal Support and Pension Division
In some cases, the court may award spousal support to one party, which could affect the division of pensions. The court may award rehabilitative spousal support, general term spousal support, or lump sum spousal support as additional marital property to a spouse (NDCC §14-05-24 (4)). The court may also modify its spousal support order, which could potentially impact the division of pensions (NDCC §14-05-24 (6)).
Conclusion
In conclusion, whether you can keep your pension after a divorce in North Dakota depends on several factors, including the duration of the marriage, the age and health of the parties, their earning abilities, and the conduct of the parties during the marriage. It is advisable to consult with a legal professional to understand how these factors may apply to your specific situation.