Alimony and Prenuptial Agreements in North Dakota
In North Dakota, the issue of alimony, also known as spousal support, can be addressed in a prenuptial agreement, also referred to as a premarital agreement. However, there are specific conditions and limitations that apply, as outlined in the North Dakota Century Code.
Waiving Alimony in a Prenuptial Agreement
According to North Dakota Century Code 14-03.2-05, a premarital agreement must be in a record and signed by both parties to be enforceable. This agreement is enforceable without consideration, meaning that there doesn’t need to be an exchange of value for the agreement to be valid.
In terms of alimony, North Dakota Century Code 14-03.2-09 states that a premarital agreement can modify or eliminate spousal support. However, if the modification or elimination causes a party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court may require the other party to provide support to the extent necessary to avoid that eligibility.
Conditions for Enforceability
The enforceability of a premarital agreement, including terms related to alimony, is subject to certain conditions. According to North Dakota Century Code 14-03.2-08, a premarital agreement is unenforceable if a party against whom enforcement is sought proves:
- The party’s consent to the agreement was involuntary or the result of duress.
- The party did not have access to independent legal representation.
- The agreement did not include a notice of waiver of rights or an explanation in plain language of the marital rights or obligations being modified or waived by the agreement.
- The party did not receive adequate financial disclosure before signing the agreement.
Unenforceable Terms
Furthermore, North Dakota Century Code 14-03.2-09 provides that a court may refuse to enforce a term of a premarital 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.
The court shall decide a question of unconscionability or substantial hardship as a matter of law.
Conclusion
In conclusion, while alimony can be waived in a prenuptial agreement in North Dakota, the enforceability of such a waiver is subject to certain conditions and limitations. It is crucial for parties considering a prenuptial agreement to seek independent legal advice and ensure they fully understand the implications of any terms related to alimony.