Eligibility for Alimony in Short-Term Marriages
In North Dakota, the court has the discretion to award spousal support, commonly known as alimony, in divorce cases. The decision is based on a variety of factors, including the length of the marriage, the financial circumstances of each party, and the standard of living established during the marriage.
Duration of Marriage and Alimony
According to the North Dakota Century Code (14-05-24.1), the duration of the marriage is a significant factor in determining the amount and duration of spousal support. The statute provides a guideline for the duration of spousal support as a percentage of the length of the marriage. For marriages that lasted less than 5 years, the guideline suggests that spousal support may be awarded for up to 50% of the number of months of the marriage.
However, it’s important to note that these are guidelines, not hard-and-fast rules. The court has the discretion to deviate from these guidelines based on the specific circumstances of the case.
Financial Circumstances and Alimony
In addition to the length of the marriage, the court will also consider the financial circumstances of each party when determining whether to award alimony. According to North Dakota Century Code (14-05-24.1), the court may require one party to pay spousal support to the other party if it finds that:
a. 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
b. The payor has the ability to supply those means without undue economic hardship.
Conclusion
In conclusion, while it is possible to be awarded alimony in North Dakota if you were married for less than a year, it is not guaranteed. The court will consider a variety of factors, including the length of the marriage and the financial circumstances of each party, when making its decision. If you are considering divorce and have questions about alimony, it is recommended that you consult with a qualified family law attorney who can provide guidance based on your specific circumstances.