Spousal Support Calculation in North Dakota
Spousal support, also known as alimony, is a financial provision that one spouse may be required to pay to the other during and/or after a divorce. In North Dakota, the calculation of spousal support is not straightforward and involves a complex analysis of various factors. The court has broad discretion in determining the amount and duration of spousal support, and it is not guaranteed in every divorce case.
Factors Considered in Spousal Support Calculation
According to North Dakota Century Code §14-05-24.1, the court considers several factors when determining the amount and duration of spousal support. 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, including the value of the property at the time of the divorce, the income-producing capacity of the property, and whether the property was acquired before or after the marriage.
Types of Spousal Support
After considering these factors, the court may award three types of spousal support:
- Rehabilitative spousal support: This is awarded when it is possible 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: This is awarded when a spouse is not capable of rehabilitation, self-support, or to minimize the burden of the divorce.
- Lump sum spousal support: This is awarded as additional marital property to a spouse or the court may otherwise adjust the distribution of the marital property and debt to eliminate the need for spousal support or to reduce the amount or the duration of the spousal support.
Duration of Spousal Support
The duration of spousal support is also determined by the court and is subject to certain limitations. According to North Dakota Century Code §14-05-24.1, spousal support terminates upon the following:
- Less than 5 years of marriage: Up to 50% of the number of months of the length of the marriage
- Between 5 and 10 years of marriage: Up to 60% of the number of months of the length of the marriage
- Between 10 and 15 years of marriage: Up to 70% of the number of months of the length of the marriage
- Between 15 and 20 years of marriage: Up to 80% of the number of months of the length of the marriage
- 20 years or more of marriage: Duration agreed upon by parties or for a limited time as determined by the court.
Modification and Termination of Spousal Support
The court may modify its spousal support order, subject to certain limitations. Spousal support typically terminates upon the remarriage of the recipient spouse, the death of either spouse, or if the recipient spouse has been habitually cohabiting with another individual in a relationship analogous to a marriage for one year or more.
In conclusion, the calculation of spousal support in North Dakota is a complex process that takes into account a variety of factors. It is always advisable to consult with a knowledgeable family law attorney to understand the potential implications of spousal support in your specific situation.