Divorce Alimony in North Dakota

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People go for divorce when they do not find any possible ways to save their unsuccessful marriage. The legal procedure ultimately results into legal termination of marriage between the two individuals. This entire process covers a set of legal formalities that are mainly decided as per the issues to be sorted before the separation. Several issues such as, property or debt distribution, child custody, alimony, etc., are actually dealt and approved by the court in the end. In North Dakota, 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 is very less.
  • 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 termed as spousal support or marital support in most of the states in the US. Alimony is not only given in an occurrence of a divorce, but also as a part of a separation. At the same time, during the settlement of divorce alimony in North Dakota, the court ensures that definite duration is surely ordered up till which this support is valid for the divorcing parties. Any further modification about the alimony in terms of deciding the period and amount are also accepted in this state.

Points studied by the judge prior to awarding Divorce Alimony in North Dakota

  • Whether the property of each spouse was procured prior to the marriage or after it?
  • The future earning capacity of both the spouses and whether they will be able to maintain the same standard of living or not, even after getting a divorce.
  • The relative financial conditions of both the spouses (i.e. the separate incomes of both spouses and whether they are capable of supporting self).
  • The physical state and overall health of both the spouses.
  • The circumstances and requirements of both the partners.
  • The relative demeanor of both the 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 length of the marriage.
  • The ages of the spouses.
  • Any other issue that the judge feels is pertinent and significant in this matter.

Role of District Court During Settlement of Divorce Alimony in North Dakota

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 the spousal support to the other spouse for some limited period of time. Such as, for a few months and so.
  • The court may change its spousal support orders as per the changes in circumstances between both the divorcing parties.
  • 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. If yes, then court may order the working spouse to support the dependent spouse till the time he or she becomes self supported. In such cases, temporary alimony is awarded to the recipient.

In order to establish a fair divorce alimony in North Dakota, the divorcing clients must take the assistance of divorce attorney. This can help them to take all suitable and valid decisions to receive the appropriate rights in this state.

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