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 can consider both spouses’ situations and request that one spouse pay alimony or spousal support to the other for a determined time.
The court is also able to change the terms of the alimony. Thus, there are numerous variables to consider when the decision of whether to grant spousal support gives.
North Dakota Alimony Law
For spousal support to order, a spouse must require financial assistance while the other has the financial capability to support.
The judge could also consider the living standards of the two spouses established throughout the marriage, how long the marriage lasted, the income levels of both parties once the divorce finalized. The dependent party would require the amount of time 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 and evaluate the financial ability and needs of the two parties.
North Dakota does not use a formula to decide the length and amount of alimony if it should award. Typically, when alimony awards, 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 of factors that consider 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 to the child. Therefore, it has a major influence when deciding the amount of alimony paid to the receiving party.
The court also considers other factors that are relevant on a case-by-case basis. Finally, alimony is typically given at the judge’s and court’s prerogative if an agreement is not forthcoming.
Things to consider when calculating North Dakota Alimony Law
In North Dakota, a couple of variables 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 for considering alimony payments. It does, however, consider the marital fault of a spouse when deliberating on alimony.
It means that when a divorce is “at fault,” either caused by abuse, adultery, infidelity, etc., it could result in the spouse 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 appropriate alimony payment.
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.
It means the amount received as alimony payments depends on if the receiving party is in the 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. The family court and its judge do this. While certain states use a fixed alimony guideline or formula, the final judgment and its amount are usually at the judge’s discretion.
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