Duration of Alimony in North Dakota
In North Dakota, the duration of alimony, also known as spousal support, is determined by several factors, including the length of the marriage, the financial circumstances of both parties, and the ability of the recipient to become self-supporting. The North Dakota Century Code provides specific guidelines for the duration of spousal support.
Length of Marriage and Spousal Support Duration
According to North Dakota Century Code 14-05-24.1, the duration of spousal support is often tied to the length of the marriage. The statute provides a percentage-based guideline for determining the duration of spousal support as a percentage of the length of the marriage:
- For marriages lasting less than 5 years, spousal support may last up to 50% of the length of the marriage.
- For marriages between 5 and 10 years, spousal support may last up to 60% of the length of the marriage.
- For marriages between 10 and 15 years, spousal support may last up to 70% of the length of the marriage.
- For marriages between 15 and 20 years, spousal support may last up to 80% of the length of the marriage.
- For marriages of 20 years or more, the duration of spousal support is agreed upon by the parties or determined by the court for a limited time.
Modification and Termination of Spousal Support
The court has the authority to modify its spousal support order under certain circumstances. If a material change in circumstances occurs during the rehabilitative period, rehabilitative spousal support may be modified (North Dakota Century Code 14-05-24.1).
Spousal support terminates upon certain conditions. For instance, if 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. There is also a rebuttable presumption that spousal support terminates upon the payor’s attaining full retirement age for social security purposes. However, this presumption may be overcome if the court determines spousal support should continue based on certain factors, such as the ages of the parties at the time of the marriage, the degree and duration of the economic dependency of the recipient upon the payor during the marriage, and others (North Dakota Century Code 14-05-24.1).
Factors Considered in Determining Spousal Support
In addition to the length of the marriage, the court considers several other 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, and the health and physical condition of each party (North Dakota Century Code 14-05-24.1).
In conclusion, the duration of alimony in North Dakota is determined by a variety of factors and is subject to modification and termination under certain conditions. It is important to consult with a legal professional to understand how these factors may apply in a specific case.