Eligibility for Alimony in North Dakota
In North Dakota, there is no explicit minimum length of marriage required to qualify for alimony, also known as spousal support. However, the duration of the marriage is one of the factors that the court considers when determining the amount and duration of spousal support.
Factors Considered in Alimony Determination
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 court also considers whether the recipient lacks sufficient property or income to provide for their reasonable needs, considering the marital standard of living, and whether the payor has the ability to supply those means without undue economic hardship.
Duration of Spousal Support
The duration of spousal support is often tied to the length of the marriage. According to North Dakota Century Code §14-05-24.1(5), the court may award spousal support for a percentage of the length of the marriage, with the percentage increasing as the length of the marriage increases. For example, for a marriage of less than 5 years, the court may award spousal support for up to 50% of the length of the marriage. For a marriage of 20 years or more, the duration of spousal support is either agreed upon by the parties or determined by the court for a limited time.
Modification and Termination of Spousal Support
The court may modify its spousal support order if a material change in circumstances occurs during the rehabilitative period. Spousal support terminates upon certain conditions, such as the payor attaining full retirement age for social security purposes, unless the court determines that spousal support should continue based on certain factors (North Dakota Century Code §14-05-24.1(6, 11)).
Premarital and Marital Agreements
Premarital and marital agreements can modify or eliminate spousal support. However, if such modification or elimination causes a party to be eligible for support under a public assistance program, the court may require the other party to provide support to avoid that eligibility (North Dakota Century Code §14-03.2-05(5)).
In conclusion, while there is no explicit minimum marriage length to qualify for alimony in North Dakota, the length of the marriage is a significant factor in determining the amount and duration of spousal support.