Overview of Alimony in North Dakota
In North Dakota, alimony, also known as spousal support, is a payment made by one spouse to the other during or after a divorce. The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. The North Dakota Century Code provides specific guidelines for the court to consider when determining the amount and duration of spousal support.
Factors Considered for Alimony
Age, Earning Ability, and Duration of Marriage
According to North Dakota Century Code 14-05-24.1, the court considers the age of the parties involved in the divorce. This factor is crucial as it may affect the earning ability of each party, which is another factor the court considers. The duration of the marriage is also a significant factor, as it may influence the amount and duration of the spousal support awarded.
Conduct and Lifestyle of Parties
The court also takes into account the conduct of the parties during the marriage. This includes any actions or behaviors that may have contributed to the dissolution of the marriage. The station in life of each party, or their social and economic status, is also considered.
Circumstances, Health, and Financial Condition
The circumstances and necessities of each party are evaluated, as well as the health and physical condition of each party. These factors can significantly impact the ability of a party to support themselves financially after the divorce. The court also examines the financial circumstances of the parties as shown by the property owned at the time of the divorce, including the value of the property, the income-producing capacity of the property, and whether the property was acquired before or after the marriage.
Spousal Support Types and Limitations
The court may award rehabilitative spousal support, general term spousal support, or lump sum spousal support, depending on the circumstances. Rehabilitative spousal support 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 is awarded when a spouse is not capable of rehabilitation, self-support, or to minimize the burden of the divorce. Lump sum spousal support 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.
The court may not award permanent spousal support. Spousal support terminates upon certain conditions, such as the length of the marriage and the duration of the spousal support award as a percentage of the number of months of the length of the marriage.
Modification of Spousal Support Order
The court may modify its spousal support order, subject to certain limitations. These limitations include the length of the marriage, the duration of the spousal support award, and the time of the application for retirement. Other factors such as the degree and duration of the economic dependency of the recipient upon the payor during the marriage, the health of the parties at the time of the retirement application, and the assets of the parties at the time of the retirement application are also considered.
In conclusion, the court considers a variety of factors when determining alimony in North Dakota. These factors aim to ensure a fair and equitable distribution of assets and support following a divorce.