Divorce can be a complex process. A crucial aspect to consider is spousal support. Spousal support, also known as alimony, is a financial arrangement where one spouse provides financial assistance to the other during or after divorce.
In North Dakota, there are factors you should know that can help you navigate this aspect of divorce.
Are you eligible for spousal support?
When seeking spousal support in a divorce settlement, you must demonstrate a need for it. Courts consider elements such as your income, assets and the length of your marriage. A judge also evaluates your ability to become self-supporting in the future.
North Dakota recognizes two main types of spousal support – temporary and permanent. As the lower-earning spouse, temporary support assists you for a set time frame. This arrangement gives you the ability to start earning a sufficient income. Permanent support provides long-term payments when you cannot achieve self-sufficiency due to age, health or other circumstances.
How does the court determine support amounts?
Calculating spousal support in North Dakota involves a careful assessment of both your and your spouse’s financial situations. The court considers your income, expenses and other financial resources. In addition, it will take into account the length of your marriage. While there is no specific formula for computing support, the law aims to ensure fairness and equity in the final decision.
Can you modify a spousal support agreement?
Under certain circumstances, you can modify or terminate spousal support orders in North Dakota. Suppose you or your spouse experience a significant change in circumstances, such as a job loss or a substantial increase in income. In that case, you may be able to request a modification of the support order.
Although divorce rates are decreasing in North Dakota, there were 2.5 divorces per thousand people in 2019. Often, people mistakenly believe they do not qualify for spousal support and fail to ask for it in the divorce. Understanding your rights under the law is essential to ensure a fair settlement.