Alimony in North Dakota: A Case of Equal Income Spouses
In North Dakota, alimony, also known as spousal support, is not automatically granted in divorce cases. The court considers several factors before deciding whether to award spousal support and the amount to be awarded. This article will explore how courts handle alimony when both spouses have equal income.
Legal Basis for Alimony
The legal basis for alimony in North Dakota is found in North Dakota Century Code 14-05-24.1. According to this statute, the court may require one party to pay spousal support to the other party for a limited period of time upon expressly finding that the recipient lacks sufficient property or income to provide for their reasonable needs, considering the marital standard of living, and that the payor has the ability to supply those means without undue economic hardship.
Factors Considered in Alimony Determination
The court considers several factors in determining the amount and duration of spousal support, as outlined in North Dakota Century Code 14-05-24.1(3). These factors include:
- The age of the parties
- The earning ability of each party
- The duration of the marriage
- The conduct of the parties during the marriage
- The station in life of each party
- The circumstances and necessities of each party
- The health and physical condition of each party
- The financial circumstances of the parties as shown by the property owned at the time of the divorce
Alimony in Cases of Equal Income
In cases where both spouses have equal income, the court will consider the factors listed above. If both parties have sufficient income to meet their reasonable needs considering the marital standard of living, the court may not award spousal support. This is because the purpose of alimony is to prevent economic hardship on one party, not to punish or reward either party.
However, the court may still award spousal support if it finds that one party has a greater need due to factors such as age, health, and physical condition, or if one party has a greater ability to pay due to factors such as earning ability and financial circumstances. The court may also consider the duration of the marriage and the conduct of the parties during the marriage.
Types of Spousal Support
According to North Dakota Century Code 14-05-24.1(4), the court may award three types of spousal support:
- Rehabilitative spousal support, which is intended to restore a spouse to independent economic status or to equitably divide the burden of the divorce by increasing that spouse’s earning capacity.
- General term spousal support, which is awarded when a spouse is not capable of rehabilitation or self-support, or to minimize the burden of the divorce.
- Lump sum spousal support, which is awarded as additional marital property to a spouse.
In cases of equal income, the court is less likely to award rehabilitative or general term spousal support, as both parties are presumably capable of self-support. However, the court may award lump sum spousal support as a form of equitable distribution of marital property.
Conclusion
In conclusion, while equal income between spouses may reduce the likelihood of an alimony award in North Dakota, it does not eliminate the possibility. The court will consider a variety of factors in making its determination, and each case is decided on its own merits. As always, individuals facing divorce should consult with a qualified family law attorney to understand their rights and obligations under North Dakota law.