Ending and Modifying North Dakota Spousal Support

North Dakota spousal support ends on the recipient’s remarriage or death, after one year of habitual cohabitation, and is presumed to end at the payor’s full retirement age; it can be modified on a material change in circumstances.

Modification

The court may modify its order: rehabilitative support if a material change in circumstances occurs during the rehabilitative period, and general term support if a material change in circumstances occurs. A material change is one that substantially affects the parties’ financial abilities or needs and was not contemplated at the time of the original award. The parties may expressly preclude or limit modification by a written agreement that is part of the judgment (N.D.C.C. 14-05-24.1(1), (6) and (8)).

Remarriage and death

Unless the parties agree otherwise in writing, spousal support ends on the remarriage or death of the recipient. The court may require reasonable security from the payor in the event of the payor’s death, and the recipient must give notice of remarriage immediately.

Cohabitation

Unless otherwise agreed, on an order based on a preponderance of the evidence that the recipient has been habitually cohabiting with another individual in a relationship analogous to a marriage for one year or more, the court shall terminate spousal support.

Retirement

There is a rebuttable presumption that spousal support terminates when the payor attains full retirement age for Social Security purposes. It may be overcome on the parties’ ages, the recipient’s economic dependency, claims the recipient gave up for a longer award, support already paid, health, assets, sources of income, whether the payor intends to keep working, and the recipient’s ability to have saved for retirement.

Evidence to gather

The judgment, proof of the change in circumstances with dates and records of cohabitation or retirement plans.

Questions to bring to an attorney

Ask whether to limit modification in the judgment and how cohabitation and retirement would be treated.

Next steps

See the two findings and test a ceiling in the North Dakota alimony calculator.

Frequently asked questions

Does remarriage end North Dakota spousal support?

Yes, unless the parties agree otherwise in writing.

How does cohabitation affect North Dakota spousal support?

After one year or more of habitual cohabitation analogous to marriage, the court shall terminate it.

When can North Dakota spousal support be modified?

On a material change in circumstances, during the rehabilitative period for rehabilitative support or at any time for general term support.

Can parties bar modification of North Dakota spousal support?

Yes, by a written agreement that is part of the judgment.

Does retirement end North Dakota spousal support?

There is a rebuttable presumption that it ends at the payor's full retirement age.

Official sources

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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.