North Dakota Alimony and Spousal Support Laws
North Dakota allows for spousal support payments or alimony in cases of divorce where justice requires it. The courts will look at the situations of the parties, the length of the marriage, and any other relevant information in determining alimony.
Types of Spousal Support
- Temporary –awarded prior to the final divorce, upon filing divorce papers.
- Short-Term –awarded for a limited period of time, generally to rehabilitate the receiving party.
- Long-Term or Permanent –awarded for an extended amount of time. This generally occurs only for long-term marriages where there is an imbalance of earning capacity and assets.
Who is Eligible for Alimony in North Dakota
The court may order either party to pay alimony under North Dakota law. The circumstances of each party will be considered, and any award will be based on needs of the respective parties.
North Dakota Alimony Guidelines (Factors for Awarding Alimony)
North Dakota courts will consider all factors the parties bring forward during divorce proceedings in deciding whether to grant alimony in a particular case, the duration of any payments and the amount.
Reasons for Termination or Modification of Alimony in North Dakota
Any change in circumstances can be grounds for termination or modification in North Dakota. Remarriage of the receiving party or death of either party are generally grounds for termination. The party who seeks modification must petition the court, filing the necessary paperwork and providing proof of changed circumstances.
Marital Fault in North Dakota
North Dakota has the following grounds for divorce:
- Extreme cruelty;
- Willful desertion;
- Willful neglect;
- Abuse of alcohol or controlled substances;
- Felony conviction; and
- Irreconcilable differences.
How Long Does Spousal Support Last in North Dakota?
Spousal support lasts for as long as the court directs in North Dakota. Termination or modification is available for long-term support due to changed circumstances at the discretion of the court.
North Dakota Alimony Taxes
Court ordered alimony payments may be deducted by the paying party on federal income tax forms. Also, the payee must claim alimony payments as income. Discuss your tax situation prior to divorce proceedings with an attorney to make the best decisions for your finances.
Find an Alimony Attorney in North Dakota
Discuss your rights with a North Dakota divorce attorney. It is vital to protect your assets whether you think you may be eligible for alimony or may be required to pay it. A lawyer will advocate on your behalf in court and advise you of your rights and responsibilities.