Divorce and Spousal Support in North Dakota
Divorce in North Dakota involves various legal procedures and considerations, one of which is spousal support, also known as alimony. This article will provide a detailed overview of the laws and regulations surrounding spousal support in North Dakota, with a particular focus on the possibility of requesting a lump sum alimony payment instead of monthly installments.
Spousal Support in North Dakota
In North Dakota, spousal support is governed by North Dakota Century Code §14-05-24.1. The court may order one spouse to pay the other a certain amount of money for support during or after a divorce. The purpose of spousal support 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.
Determining Spousal Support
The court considers several factors when determining the amount and duration of spousal support, including the length of the marriage, the age and health of the parties, their earning abilities, and the standard of living established during the marriage. The court may also consider the needs of the spouse seeking support and the other spouse’s ability to pay.
Lump Sum Spousal Support
According to North Dakota Century Code §14-05-24.1(3)(c), the court may award lump sum spousal support as additional marital property to a spouse. This means that instead of receiving monthly payments, the spouse receiving support may request and be granted a one-time lump sum payment. This lump sum payment can serve to eliminate the need for future spousal support or reduce the amount or duration of the support.
Modification and Termination of Spousal Support
Spousal support orders in North Dakota are subject to modification under certain circumstances. According to North Dakota Century Code §14-05-24.1(6), if a material change in circumstances occurs, general term spousal support may be modified. However, once a judgment has been filed, the parties may not seek and the court may not order a modification of lump sum spousal support (North Dakota Century Code §14-05-24.1(7)).
Spousal support is terminated upon the remarriage or death of the spouse receiving support, unless otherwise agreed by the parties in writing (North Dakota Century Code §14-05-24.1(9)).
Conclusion
In response to the question, “Can I request a lump sum alimony payment instead of monthly installments?” the answer is yes, according to North Dakota law. However, it’s important to note that the decision is ultimately up to the court, which will consider various factors to determine the most equitable arrangement. It’s also crucial to remember that once a lump sum spousal support order is in place, it cannot be modified. Therefore, it’s advisable to consult with a legal professional to understand the potential implications and consequences of choosing a lump sum payment over monthly installments.