North Dakota Property Division | ND Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

When a couple gets divorced, all assets and debt from the marriage have to be sorted out by the courts. Among the many items of a marriage that have to be taken care of, a universal concern is property division, specifically North Dakota property division.

The first thing a divorcing spouse should do is retain a licensed attorney who works in Family Law. Property division laws can be complicated, vary from state to state and lawyers have the proper training and experience to tell the judge what a divorcing spouse wants or needs from the property division.

Property Division Divorce Laws in North Dakota

The purpose of North Dakota property division laws is to make sure that marital property is allocated to each spouse equitably. North Dakota marital property is divided under the considerations of N.D. Cent. Code, §14-05-24 but the trial court judge receives great discretion when converting North Dakota marital property into separate North Dakota divorce property.

North Dakota is an equitable distribution state. This means that with regard to North Dakota divorce assets, anything the spouses brought into a marriage usually will not be included in North Dakota divorce assets or North Dakota divorce property.

What is considered Marital and Non-Marital Property?

Marital property consists of all items acquired during the marriage by either spouse as well as separate items that were brought into a marriage and converted into marital property.
Non-marital, or separate property is property that each spouse had before the marriage or acquired individually without including it into the marital property. This also includes gifts from sources other than the spouse and individual inheritances.

Regardless of these basic definitions, all property is initially considered for property division by the court. The court is allowed under North Dakota case law to include non-marital, or separate, property into the division if necessary to divide the property equitably to each spouse.

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The final step is the allocation of marital property.

Under North Dakota case law, judges decide how a marriage's assets should be divided by considering a number of factors, including the parties' ages and their earning ability. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equitably among the spouses.
- Example 1: A joint savings account has $7,000. The court would most likely award the money in an equitable split.
- Example 2: A joint savings account has $7,000. One spouse contributed $4,000 and the other contributed $3,000. The amount may be divided equally or may be more balanced if the $3,000 contributor has fewer assets than the $4,000 contributor.
Retirement Plans: Divided based on the duration of the marriage at the time the benefits accrued, looking at the present value of the plan and/or survivor benefits.
- Example 1: A spouse got benefits in a retirement plan after working for 25 years and was married for 20 of those years. The ex-spouse would be entitled to a portion of the retirement plan that was acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it. This may or may not be subject to property division.
Vehicles: Divided based on the values at the date determined by the court. May be sold or given to a spouse outright.
- Example 1: A boat is owned by a spouse. The boat may be sold with the proceeds to be given to a poorer spouse or the boat may be given to one spouse.
- Example 2: A car has a shared title. The car may be sold with the proceeds going to each spouse equitably or given to a poorer spouse.
Insurance: Determined based upon each spouse's health, availability of alternate insurance and premium payments from marital income.
- Example 1: One spouse has covered the other under health insurance paid for by marital assets. The other spouse is in poor health and can not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time and/or give the ailing spouse a monetary award in order to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. If marital income was used to make payments on the insurance, the spouse may be entitled to a portion of the benefits.

Settling Disputes in a Divorce Case with Property and Asset Division

N.D. Cent. Code, §14-05-24(2) authorizes the court to redistribute property and debts in a post-judgment proceeding if property was not disclosed to the trial court in the earlier division or a spouse is not complying with the earlier order.

The trial court's determinations will not be changed by a higher court unless the division was clearly erroneous under North Dakota case law.

Help From a North Dakota Property Divorce Lawyer

It can not be stressed enough that retaining a North Dakota property divorce lawyer is key to getting the fairest and most equitable result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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