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North Dakota Alimony
North Dakota allows for spousal support payments, also known as alimony, in a divorce where justice requires it. In awarding alimony, the North Dakota court considers the situations of the parties, the length of the marriage, and any other relevant information.
The court may order either party to pay alimony. The court considers the circumstances of each party, and any award is based on the needs of the respective parties.
The duration of spousal support is at the discretion of the court. Alimony may be modified or terminated due to changed circumstances at the discretion of the court. The party who seeks modification must prove changed circumstances. Any change in circumstances can be grounds for termination or modification. Remarriage of the recipient or death of either party is generally grounds for termination.
Support payments may be deducted from federal taxes, and the recipient must pay income tax on the payments.
Types of Alimony
In North Dakota courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term, or permanent, spousal support may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.
Factors Considered by the Court
Alimony is discretionary, and North Dakota courts consider all factors the spouses advance during divorce proceedings, the duration of any payments and the amount. According to North Dakota Century Code - Volume 3A - Chapters: 14-05-24, the District Court will order support from one spouse to the other on a case-by-case basis as follows:
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