Alimony is a regular payment one spouse makes to the other spouse to provide financial support during and/or after a divorce. In North Dakota, alimony is also called “spousal support.” The spouses may agree to the amount and duration of spousal support, or the court may order it if the spouses can’t agree.
Under North Dakota law, there are different types of spousal support a court may order, including:
In North Dakota, there are no set guideline calculations or formulas for the court to follow when deciding whether to award alimony or the amount, manner, and duration of payments. The law simply requires courts to consider the circumstances of each spouse in deciding whether to order spousal support. The court will consider several factors, including:
spousal support orders last only while the divorce action is pending.
They end when the court makes the final divorce decree.
Rehabilitative support orders last for the amount of time it takes the spouse to gain the education or experience needed to become self-supporting.
Permanent spousal support orders can be short- or long-term, depending on what the court finds to be reasonable after weighing the foregoing factors.
The court can modify (change) a spousal support order upon the request of either spouse. The spouse seeking the modification must show that the circumstances of either spouse has changed in such a way as to justify an adjustment in the amount of support. For example, if the paying spouse suffers an involuntary decrease in income, this may support a reduction in spousal support.
In general, the spouse paying support can deduct the payments from income. For the spouse receiving support, the payments count as income and are taxable.
The spousal support laws in North Dakota are found in Title 14, sections 14-05-23 and 14-05-24.1 of the North Dakota Century Code. You can read the law by clicking here.
There are also many published court decisions regarding alimony, including:
Peterson v. Peterson, 2010 ND 165
Nuveen v. Nuveen, 2011 ND 44
Schulte v. Kramer, 2012 ND 163