Modification of Alimony Orders in North Dakota
In North Dakota, alimony, also known as spousal support, is a financial obligation that one spouse may be required to pay to the other during or after a divorce. The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. However, circumstances may change after the court issues an alimony order, and these changes may warrant a modification of the alimony order.
Material Change in Circumstances
According to the North Dakota Century Code 14-05-24.1, 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. This could include a significant increase or decrease in either party’s income, a job loss, retirement, or a serious illness.
If a material change in circumstances occurs, both rehabilitative and general term spousal support may be modified. However, the parties may not seek and the court may not order a modification of lump sum spousal support upon the filing of a judgment.
Procedure for Modification
The party seeking a modification of the alimony order must file a motion in the court that issued the original order. The motion must detail the material change in circumstances that justifies the modification. The court will then review the motion, and if it finds that a material change in circumstances has indeed occurred, it may modify the alimony order accordingly.
Limitations on Modification
While the court has the authority to modify alimony orders, there are certain limitations. For instance, the parties may expressly preclude or limit the modification of spousal support through a written agreement that is part of the judgment for divorce. Furthermore, unless otherwise agreed by the parties in writing, spousal support is terminated upon the remarriage or death of the spouse receiving support.
Impact of Premarital or Marital Agreements
Premarital or marital agreements can also impact the modification of alimony orders. According to North Dakota Century Code 14-03.2-09, if a premarital agreement or marital agreement modifies or eliminates spousal support and 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, on request of that party, may require the other party to provide support to the extent necessary to avoid that eligibility.
In conclusion, alimony orders in North Dakota can indeed be modified due to a change in circumstances. However, the process involves legal procedures and considerations that should be navigated with the assistance of a knowledgeable family law attorney.