North Dakota alimony calculator

North Dakota spousal-support eligibility

A North Dakota court must make express need-and-ability findings before awarding current-law spousal support.

North Dakota Century Code §14-05-24.1 says the court may award support for a limited period only after expressly finding that the recipient lacks sufficient property or income to meet reasonable needs considering the marital standard of living and that the payor can provide those means without undue economic hardship. [1]

The statute does not convert those findings into a statewide dollar formula. The calculator therefore uses a payment selected by the visitor for household-budget arithmetic.

North Dakota duration limits

Current law uses a marriage-length duration table for actions filed on or after August 1, 2023.

Unless the court makes written findings that a longer period is necessary, §14-05-24.1 limits spousal support to up to 50% of marriage months for marriages under 5 years, 60% for 5 to under 10 years, 70% for 10 to under 15 years, and 80% for 15 to under 20 years. For marriages of 20 years or more, duration is the period agreed by the parties or a limited time determined by the court. [1]

The same statute states that a court may not award permanent spousal support. This calculator treats exact 5-, 10-, 15-, and 20-year boundaries as the start of the next listed bracket.

North Dakota filing-date scope

The current duration table must not be applied automatically to older cases.

The current statutory structure took effect for divorce and legal-separation actions filed on or after August 1, 2023. If an action was filed before that date, or the filing date is uncertain, this calculator does not output a duration ceiling. Historical-law analysis is required instead.

North Dakota support factors and types

Amount and duration still depend on statutory factors even when the current duration table applies.

The statute directs courts to consider age, earning ability, marriage duration, conduct during the marriage, station in life, circumstances and necessities, health and physical condition, financial circumstances, property, and other relevant factors. It recognizes rehabilitative support, general term support, and lump-sum support. [1]

Separate statutory provisions address modification and termination, including remarriage or death of the recipient, qualifying cohabitation, and a rebuttable presumption related to the payor reaching full retirement age. The calculator does not decide whether those events apply.