North Dakota Spousal Support: No Permanent Awards
North Dakota courts may not award permanent spousal support; they may order support for a limited period only on express findings that the recipient lacks sufficient property or income and the payor can pay without undue economic hardship.
No permanent support
“The court may not award permanent spousal support.” After considering the statute, the court may require one party to pay spousal support to the other for a limited period of time upon expressly finding that the recipient lacks sufficient property or income, or that it is insufficient to provide for reasonable needs, considering the marital standard of living, and that the payor has the ability to supply those means without undue economic hardship (N.D.C.C. 14-05-24.1(2)).
The factors
In addition to other relevant factors, the court considers the age of the parties; the earning ability of each; the duration of the marriage; the conduct of the parties during the marriage; the station in life of each; their circumstances and necessities; their health and physical condition; and their financial circumstances as shown by the property owned at the time of the divorce, including its value, its income-producing capacity and whether it was acquired before or after the marriage (subsection 3).
The three kinds of support
The court may award (a) rehabilitative support when it is possible to restore a spouse to independent economic status or to equitably divide the burden of the divorce by increasing that spouse’s earning capacity; (b) general term support when a spouse is not capable of rehabilitation or self-support, or to minimize the burden of the divorce; or (c) lump-sum support as additional marital property, or it may adjust the distribution of the property and debt to eliminate or reduce the need for support (subsection 4).
Length of the marriage
The length of the marriage runs from the date of the marriage until the service of a summons for an action for legal separation or divorce (subsection 1).
Evidence to gather
Budgets for each household, income records, health records, career and education history and the marital standard of living.
Questions to bring to an attorney
Ask whether the two findings can be made on your facts and which kind of support fits.
Next steps
See the duration limits and test numbers in the North Dakota alimony calculator.
Frequently asked questions
What are the two findings for North Dakota spousal support?
The recipient lacks sufficient property or income for reasonable needs, and the payor can supply the means without undue economic hardship.
Does fault matter for North Dakota spousal support?
The conduct of the parties during the marriage is one of the factors the court considers.
What is rehabilitative spousal support in North Dakota?
Support when it is possible to restore a spouse to independent economic status by increasing earning capacity.
What is general term spousal support in North Dakota?
Support when a spouse is not capable of rehabilitation or self-support, or to minimize the burden of the divorce.
Can North Dakota award lump-sum spousal support?
Yes, as additional marital property, which cannot be modified after the judgment.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited North Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Dakota attorney.