Alimony, or spousal support, refers to payments that are made to one spouse from the other after a divorce or legal separation. When determining alimony, a North Dakota family court will consider situations in which the spouses have unequal earning power and have been married for a specified amount of time. A family law judge also assesses one spouse’s financial need against whether the other spouse can pay alimony. Overall, alimony’s purpose is to equalize a divorcing couple’s financial resources.
However, it is important to note that spousal support or alimony is not automatic and is not ordered in every divorce. Sometimes, the judge may award temporary spousal support while the divorce is pending.
Importantly, alimony is not the same as child support. This means that alimony requires a separate court order and ruling. Alimony is payments made from one spouse to another after a divorce to support the spouse. However, child support is made for a child of the relationship to sustain that child’s daily essential needs.
When determining the amount of maintenance of alimony payments, a judge will consider all of the relevant factors in the specific situation being presented in court, including but not limited to:
- The ability of a spouse to support themself;
- The necessary time for the spouse to acquire a job or get training to become employed;
- The standard of living that was established during the time of marriage;
- The overall length of the marriage;
- The circumstances that led to the separation.
- Importantly, if there is evidence of domestic abuse, that typically is evidence that is used to support spousal maintenance payments;
- Each party’s age;
- The physical and mental condition of each party;
- The ability of the spouse paying alimony to support themselves while making payments; and
- Other financial responsibilities and resources of each party, such as:
- Previous awards of child support;
- Other financial obligations of each party,
- The rights of each party to receive retirement benefits; and
- Taxability or non-taxability of income.
Alimony in North Dakota may either be paid in one lump sum, temporarily, or permanently. A family law court will generally consider the circumstances of each party when determining how much alimony is to be ordered, as well as for how long the alimony order will remain.
How Do You Qualify for Alimony?
To qualify for Alimony in North Dakota, the spouse seeking alimony must petition for alimony in their divorce or legal separation case. It is important to note that spousal support or alimony is not automatically granted. As such, alimony is not ordered in every divorce or legal separation case. Typically, in North Dakota, the spouse who earns less or no income will apply to the court for spousal support, which may be ordered by the judge if they are eligible.
It is important to note that applying for spousal support in North Dakota is gender-neutral so that either spouse can apply. As such, both the individual who filed the divorce and the individual being served with the divorce may petition the court for spousal support.
Alimony in North Dakota may appear in one of three different forms:
- Rehabilitative Spousal Support: Rehabilitative spousal support is spousal support that is ordered by a court to provide financial support to help a spouse to transition to single life, such as helping them to acquire an education or new employment skills;
- Temporary Spousal Support: Temporary spousal support is spousal support that may be awarded to cover the period that it takes to finalize the divorce proceedings.
- It is important to note that after temporary spousal support ends, another form of spousal support may be ordered; and
- Permanent Spousal Support: Permanent spousal support in North Dakota is typically limited to marriages that have lasted more than 10 years and is ordered to a lower-earning spouse that is unable to become financially independent, due to their age or health.
How Much Alimony Can You Receive?
Under North Dakota law, no set limit or alimony calculator formulas that are used to determine the amount of alimony an individual may receive. When deciding on an amount for spousal support payments, the court will consider the factors discussed above.
As such, alimony awards in North Dakota can vary in the amount ordered depending on the circumstances of the spouses and the case. For instance, large spousal maintenance payments have often been deemed fairly awarded to a spouse who sacrificed their earning potential by not developing their career and making non-monetary contributions to preserve the home and family.
Importantly, if the income of either spouse changes or the needs of either of the spouses change after alimony has been ordered, the court might modify or terminate alimony. For example, if the person receiving alimony remarries, the alimony payments may terminate.
How Long Does Alimony Last?
As mentioned above, alimony in North Dakota will depend on the specific circumstances of each case. In North Dakota, the length of alimony is typically based on the length of the marriage between the two parties and the case’s specific circumstances.
It is important to note that alimony of any duration will terminate upon the passing of one of the spouses. Further, most North Dakota family law judges favor short terms of spousal maintenance and recommend a maximum of 10 years of maintenance for longer marriages. However, a court may still award permanent alimony if deemed appropriate.
It is important not to attempt to avoid alimony in North Dakota. This is because doing so will result in an enforcement action being brought against you, as well as contempt actions being brought against you. Because spousal support in North Dakota is a court-ordered obligation, failing to perform the obligation will result in civil and possible criminal penalties.
How Do You Petition for Alimony?
To petition for spousal maintenance in North Dakota, even if the maintenance is temporary, the individual requesting alimony will be required to either file for divorce or legal separation with a claim for spousal support or include a claim for spousal support in their answer and counterclaim for divorce if they were served with the divorce paperwork.
Regardless of which of these documents the individual chooses to file, to petition for alimony, the petitioning party will need to include a request for maintenance in their documents. Then, once the individual has filed the appropriate spousal support claims, they will be required to serve them on the other spouse.
After the petitioning individual has served divorce paperwork on their spouse, they will be required to complete an income worksheet and provide evidence to the court regarding their financial and spouse’s financial information.
These pieces of evidence are then used to show the family law court their current financial status and why they need maintenance payments. This financial information will also be used by the court to calculate the amount of maintenance that will be ordered.
If an individual makes a mistake on their spousal maintenance paperwork, they may be barred by the court from receiving any alimony payments. If you are attempting to request spousal maintenance, it is often essential to consult with an attorney who can advise you of your best course of legal action. An attorney can also assist with completing alimony paperwork to avoid mistakes while petitioning for maintenance.
Where Can You Find the Right Lawyer?
As noted above, consulting with an experienced North Dakota alimony lawyer when petitioning for maintenance is recommended to avoid any potential mistakes. Obtaining alimony, especially temporary alimony during a separation, is often the difference between continuing to live as you did during your marriage or struggling to survive paycheck to paycheck.
As such, it is essential to file a petition for maintenance to begin receiving spousal maintenance to take care of your life needs. An experienced North Dakota family law attorney will be able to ensure that you receive proper spousal maintenance payments and can assist you in petitioning for divorce and maintenance. An experienced family law attorney can also represent your interests in court.
