Spousal Support Termination in North Dakota
In North Dakota, the laws governing spousal support, also known as alimony, are outlined in the North Dakota Century Code. Specifically, the termination of spousal support is addressed in section 14-05-24.1 of the code.
Death of a Spouse
According to North Dakota Century Code 14-05-24.1, spousal support is terminated upon the death of the spouse receiving support. This means that if the spouse who is receiving alimony dies, the obligation of the other spouse to continue making these payments ends.
However, the court may require reasonable security from the payor spouse in the event of the payor’s death. This is to ensure that the spouse receiving support is not left in a financially precarious situation should the payor spouse pass away.
Notice of Death
The code also stipulates that the spouse receiving support must provide notice of the remarriage to the payor spouse at the last known address of the payor spouse. While this provision specifically mentions remarriage, it can be inferred that a similar notification would be required in the event of the recipient spouse’s death.
Other Termination Conditions
In addition to the death of the spouse receiving support, there are other conditions under which spousal support may be terminated. These include the remarriage of the spouse receiving support, the payor spouse attaining full retirement age for social security purposes, and the spouse receiving support habitually cohabiting with another individual in a relationship analogous to a marriage for one year or more.
Modification of Spousal Support
The court may modify its spousal support order, subject to certain limitations. For instance, if a material change in circumstances occurs, general term spousal support may be modified. However, upon the filing of a judgment, the parties may not seek and the court may not order a modification of lump sum spousal support.
Conclusion
In conclusion, according to North Dakota Century Code 14-05-24.1, alimony does not continue after the death of the spouse receiving the support. However, the court may require reasonable security from the payor spouse in the event of the payor’s death. It is always advisable to consult with a legal professional to understand the specifics of your situation and how the law applies to you.