The state of North Dakota has in its statutes guidelines that a court has to follow after divorce, legal separation or marriage dissolution has occurred.
The court is able to consider the situations of both spouses and might request that one spouse pay alimony or spousal support to the other for a determined time period.
The court is also able to change the terms of the alimony. There are numerous variables to consider when the decision of whether to grant spousal support is given.
North Dakota Alimony Law
For spousal support to be ordered, a spouse has to require financial assistance while the other has the financial capability to support.
The judge could also consider the living standards of the two spouses that were established throughout the marriage, how long the marriage lasted, the income levels of both parties once the divorce is finalized and the amount of time the dependent party would require to either gain an education or train to become eligible to gain sufficient employment to continue their previously led lifestyle.
The possessions and estates of the two spouses have to consider as well so as to evaluate the financial ability and needs of the two parties.
The state of North Dakota does not make use of a formula to decide the length and amount of alimony if it should be awarded. Typically, when alimony is awarded it can be modified or terminated due to deviations in both the need and income of the two spouses unless the terms were agreed to be static.
Custody of the children and child support paid if any are a couple factors that are considered when setting the amount of or ordering spousal support.
The custody of the children is eligible for spousal support if that individual lacks the ability to cater for the child. This has a major influence when deciding the amount of alimony to be paid to the receiving party.
Other factors that are relevant on a case by case basis are also considered by the court. Finally, if an agreement is not forthcoming, alimony is typically given at the judge’s and court’s prerogative.
Things to consider when calculating North Dakota Alimony Law
In North Dakota, there are a couple of variables that are considered when deliberating on the duration and amount of spousal support or alimony payments.
North Dakota is one of those states that doesn’t have a statutory guideline when it comes to considering alimony payments. It does, however, consider the marital fault of a spouse when deliberating on alimony.
What this means is when a divorce is “at fault”, either caused by abuse, adultery, infidelity etc., it could result in the spouse that is at fault paying more in alimony payments.
Standard of living is another factor that is considered when figuring out alimony payments. A judge is able to consider the previous lifestyle earned by both spouses in the marriage to help give an alimony payment that is appropriate.
A judge presiding over a divorce case in North Dakota is able to consider the custody status of both spouses when figuring out alimony payments.
What this means is the amount received as alimony payments depend on if the receiving party is in custody of children, as that could cause the amount given as alimony to be higher.
Alimony in North Dakota is typically calculated on each case’s merit and uniqueness. This is done by the family court and its judge. While certain states use a fixed alimony guideline or formula, the final judgment and its amount is usually at the judge’s discretion.
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