Divorce Guide

Divorce Guide

North Dakota Divorce Alimony

Unlike child support there are no specified North Dakota divorce alimony laws. The judgment of the payment of alimony changes according to the circumstances of one divorce case to the other. According to the state court of North Dakota the alimony can be paid to either of the spouses in case of an uncontested divorce, provided both the spouses have agreed for the spousal settlement. The alimony can be ordered for a fixed time period or for an indefinite time period.

Alimony is North Dakota is rarely announced as in most cases both the husband and the wife are equally financially strong enough to maintain their standard of livelihood that he or she used to lead before the divorce. Even if it is granted, the alimony is mainly in the temporary or transitional form. This type of alimony is awarded to the spouse in order to provide the opportunity to develop marketable skills and other employability aptitude to sustain independently.

The permanent North Dakota divorce alimony is offered only in very special circumstances when the marriage has been in existence for more than 10 years and the receiving spouse has done a considerable contribution for the welfare of the family and the other spouse by sacrificing his or her career objectives.

There are certain factors for determining divorce alimony that are mentioned in the North Dakota Century Code of Volume 3A in Chapters: 14-05-24.
  • The ages of both the spouses.
  • The length of the married life of the two estranged spouses.
  • The marital conduct of the two spouses. The court tries to find out if there is any committed adultery, desertion or any illicit sexual behavior.
  • The range and degree of needs of the two spouses during the post divorce period.
  • The mental health and the physical conditions of the spouses.
  • The individual financial resources possessed by both the spouses.
  • The potential earning capacity of the receiving spouse.
  • The property assets owned by the two spouses individually. A note is made on the properties that are acquired before marriage as well as after marriage.
The alimony gets automatically terminated when either of the spouses dies, the payer or the receiver. If the receiver remarries or starts cohabiting with another partner, the court can order the annulment of the alimony. The Alimony is subjected to further modification under special circumstantial changes. But the court of North Dakota is quite strict about the norms while reviewing the structure of the alimony and the changed conditions while deciding on future modification of alimony. The lump sum alimony is not subjected under re-modification according to the alimony law of North Dakota.

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