How Long North Dakota Spousal Support Lasts

North Dakota limits spousal support to up to 50% of the length of the marriage under 5 years, 60% for 5 to 10, 70% for 10 to 15 and 80% for 15 to 20 years, and for 20 years or more to a duration agreed or set by the court, unless written findings require more.

The schedule

Except on written findings by the court that a deviation beyond the time limits is necessary, spousal support terminates when it reaches this share of the number of months of the length of the marriage (N.D.C.C. 14-05-24.1(5)):

Length of the marriageDuration of the award
Less than 5 yearsUp to 50%
Between 5 and 10 yearsUp to 60%
Between 10 and 15 yearsUp to 70%
Between 15 and 20 yearsUp to 80%
20 years or moreDuration agreed upon by the parties, or for a limited time determined by the court

Examples

A 12-year marriage (144 months) supports up to 70%, 101 months or about 8 years and 5 months; a 7-year marriage (84 months) up to 60%, 50 months or about 4 years and 2 months; a 3-year marriage up to 50%, 18 months.

Longer marriages

For marriages of 20 years or more there is no percentage: the parties agree on a duration, or the court sets a limited time. It still cannot be permanent.

Beyond the limits

The court may go beyond these time limits only on written findings that a deviation is necessary.

Lump sums

A lump-sum award is additional marital property and cannot be modified after the judgment is filed (subsection 7).

Questions for the negotiation

Decide whether the agreement should set a different duration and say when support ends.

Next steps

Run the North Dakota alimony calculator with the length of your marriage.

Frequently asked questions

How long can North Dakota spousal support last for a 10-year marriage?

Up to 70% of the marriage if the marriage is between 10 and 15 years, or up to 60% for a marriage a few days under 10 years; the court may extend with written findings.

What if the North Dakota marriage lasted over 20 years?

The duration is agreed by the parties or set by the court for a limited time.

Can North Dakota exceed the duration limits?

Yes, on written findings by the court that a deviation is necessary.

When does the North Dakota marriage length end?

At the service of the summons for the divorce or legal separation.

Can North Dakota lump-sum support be modified?

No. After the judgment is filed, the parties may not seek and the court may not order a modification of lump-sum support.

Official sources

Going through a divorce or custody case in North Dakota?

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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.