Modification of Alimony in North Dakota
In North Dakota, the modification of alimony, also known as spousal support, after a divorce is governed by the North Dakota Century Code. The law provides specific conditions under which spousal support can be modified, as well as circumstances where modification is not permitted.
Conditions for Modification
According to North Dakota Century Code 14-05-24.1, the court may modify its spousal support order, subject to certain limitations. These limitations are primarily based on the type of spousal support awarded and whether there has been a “material change in circumstances.”
Material Change in Circumstances
A “material change in circumstances” is defined as a change that substantially affects the financial abilities or needs of the parties and which was not contemplated by the parties at the time of the original award. If such a change occurs, the court may modify the spousal support order.
For instance, if a material change in circumstances occurs during the rehabilitative period, rehabilitative spousal support may be modified. Similarly, if a material change in circumstances occurs, general term spousal support may also be modified.
Limitations on Modification
While the court has the power to modify spousal support orders, there are certain limitations to this power. For instance, upon the filing of a judgment, the parties may not seek and the court may not order a modification of lump sum spousal support.
Furthermore, the parties may expressly preclude or limit the modification of spousal support through a written agreement that is part of the judgment for divorce. This means that if the parties have agreed in writing to limit or prevent changes to the spousal support order, the court cannot modify the order.
Termination of Spousal Support
Unless otherwise agreed by the parties in writing, spousal support is terminated upon the remarriage or death of the spouse receiving support. The court may require reasonable security from the payor spouse in the event of the payor’s death. Immediately upon remarriage, the spouse receiving support shall provide notice of the remarriage to the payor spouse at the last known address of the payor spouse.
Unenforceable Terms
Under North Dakota Century Code 14-03.2-09, a court may refuse to enforce a term of a premarital agreement or marital agreement if, in the context of the agreement taken as a whole, the term was unconscionable at the time of signing, or enforcement of the term would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed.
In conclusion, while alimony can be modified after a divorce in North Dakota, the ability to do so is subject to certain conditions and limitations. It is always advisable to consult with a legal professional to understand the specific circumstances and potential outcomes of a case.