Divorce Alimony in North Dakota
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In this state, alimony is not awarded by the judge in all the cases. If the following circumstances exist, there is less possibility of the award of alimony.
- The duration of marriage was brief
- The spouse is relatively young and healthy
- The spouse, from whom alimony is expected, does not have adequate money or property
Generally it is observed that the judge awards alimony for a limited duration with an objective that the recipient of this money is given an opportunity to become self reliant. Alimony is also called as spousal support. Alimony is not only given in an occurrence of a divorce but also as a part of a separation.
Points studied by the judge prior to award of Divorce North Dakota Alimony
- Whether the property of each spouse was procured prior to the marriage or after it?
- The future earning capacity of both spouses
- The relative financial conditions of both spouses (i.e. the separate incomes of both spouses and whether they are capable of supporting self)
- The physical states and health of both spouses
- The circumstances and requirements of both partners
- The relative demeanor of both spouses in marital life (Is it a fact that one of the spouses was more at fault than the other and this has resulted in the divorce?)
- The duration of marital life
- The ages of the spouses
- Any other issue that the judge feels is pertinent and significant in this matter
Role of District Court in Divorce North Dakota Alimony
In North Dakota, the spousal support payments have certainly become an intricate part of the final outcome of the divorce as they can influence how the distribution of marital property should take place. Initially, the spouses seeking divorce are given the freedom to reach an agreement amongst them regarding the issue of spousal support.
If the spouses fail to reach an agreement, then the District Court takes the following steps.
- The court considers the unique conditions of the spouses
- The court may issue orders that one spouse should pay spousal support to the other spouse for a specific number of months
- The court may change its spousal support orders
- The alimony orders are made through the clerk of the court
The North Dakota Century Code-Volume 3A-Chapters: 14-05-24 is dedicated to this topic.
Salient features of North Dakota Alimony
- If one spouse has worked so that the other spouse may attend college, graduate school, professional school or anything else that has resulted in enhanced earning potential of the other spouse, then the court is inclined to grant alimony to the former spouse
- If one spouse has stayed in the house to take care of the house and raise children rather than working, the judge has the tendency to make the other spouse pay alimony to the former spouse
- If the husband had a job in marital life to support the family and his wife spent these years as a homemaker, the judge considers whether such a wife has any job skills for self dependency
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