Alimony Termination upon Remarriage in North Dakota
In North Dakota, the laws governing alimony, also known as spousal support, are outlined in the North Dakota Century Code. Specifically, the termination of alimony upon remarriage is addressed in section 14-05-24.1 of the code.
Spousal Support Termination Conditions
According to North Dakota Century Code 14-05-24.1, spousal support is terminated upon the remarriage or death of the spouse receiving support, unless otherwise agreed by the parties in writing. This means that if you are receiving alimony and you remarry, your alimony payments will typically end.
The court may require reasonable security from the payor spouse in the event of the payor’s death. Immediately upon remarriage, the spouse receiving support is required to provide notice of the remarriage to the payor spouse at the last known address of the payor spouse.
Exceptions to Termination
While the general rule is that alimony ends upon remarriage, there are exceptions. The parties may expressly preclude or limit the modification of spousal support through a written agreement that is part of the judgment for divorce. This means that if there is a written agreement stating that alimony will continue even after remarriage, then the alimony will not automatically terminate.
Modification of Spousal Support
The court has the power to modify its spousal support order, subject to certain limitations. 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.
Cohabitation and Spousal Support
In addition to remarriage, cohabitation can also impact spousal support. If the court finds, based on a preponderance of the evidence, that the spouse receiving support has been habitually cohabiting with another individual in a relationship analogous to a marriage for one year or more, the court shall terminate spousal support, unless otherwise agreed to by the parties in writing.
Conclusion
In conclusion, under North Dakota law, alimony generally ends upon remarriage of the spouse receiving support. However, this can be altered by a written agreement between the parties. It is always advisable to consult with a legal professional to understand the specific implications of remarriage on your alimony agreement.