No, according to the North Dakota Century Code 14-05-24.1, the court in North Dakota may not award permanent spousal support, also known as alimony. Instead, the court may require one party to pay spousal support to the other party for a limited period of time. This decision is made upon expressly finding that the recipient lacks sufficient property or income, or the property or income is insufficient to enable the recipient to provide for their reasonable needs, considering the marital standard of living, and that the payor has the ability to supply those means without undue economic hardship.
Spousal Support in North Dakota
Spousal support, also known as alimony, is a financial provision ordered by the court to be paid from one spouse to another during or after a divorce. In North Dakota, the court has the authority to order spousal support under certain conditions, as outlined in the North Dakota Century Code 14-05-24.1.
Duration of Spousal Support
The duration of spousal support in North Dakota is not permanent. The court may require one party to pay spousal support to the other party for a limited period of time. The duration of the spousal support award is determined as a percentage of the number of months of the length of the marriage. For marriages lasting less than 5 years, the duration of spousal support can be up to 50% of the length of the marriage. For marriages between 5 and 10 years, it can be up to 60%. For marriages between 10 and 15 years, it can be up to 70%. For marriages between 15 and 20 years, it can be up to 80%. For marriages lasting 20 years or more, the duration is agreed upon by the parties or for a limited time as determined by the court.
Modification of Spousal Support
The court may modify its spousal support order, subject to certain limitations. If a material change in circumstances occurs, such as a significant change in the financial abilities or needs of the parties, the court may modify the spousal support order. However, the parties may not seek and the court may not order a modification of lump sum spousal support.
Termination of Spousal Support
Spousal support is terminated upon the remarriage or death of the spouse receiving support, unless otherwise agreed by the parties in writing. The court may require reasonable security from the payor spouse in the event of the payor’s death. Upon remarriage, the spouse receiving support is required to provide notice of the remarriage to the payor spouse at the last known address of the payor spouse. There is also a rebuttable presumption that spousal support terminates upon the payor’s attaining full retirement age for social security purposes.
In conclusion, while the court in North Dakota has the authority to order spousal support, it is not permitted to order lifetime alimony. The duration of spousal support is limited and subject to modification and termination under certain conditions.