Quick answer: North Dakota is an equitable distribution state, not a community property state. Under N.D.C.C. § 14-05-24, when a divorce is granted the court shall make an equitable distribution of the property and debts of the parties. The statute sets no percentage and does not exclude any property by source: North Dakota courts consider all property of both spouses, including property owned before the marriage and gifts or inheritances, and decide what is equitable under the Ruff-Fischer guidelines, a list of considerations developed by the North Dakota Supreme Court: the ages of the parties, their earning abilities, the duration of the marriage, their conduct, their station in life, their circumstances and necessities, their health and physical condition, and their financial circumstances as shown by the property owned, its value, its income-producing capacity and whether it was acquired before or after the marriage, and any other matter that may be material. The valuation date is the date the parties agree on or, failing that, sixty days before the initially scheduled trial date, unless a substantial change in value justifies another date with findings. The court may redistribute property if a party failed to disclose it or to obey the order.
What the North Dakota statute says
- Property and debts. Both are distributed equitably.
- Valuation date. Agreed, or 60 days before the scheduled trial.
- Government pensions. The value of the Social Security the spouse would have earned is subtracted to find the marital portion.
How the calculator works
You enter the property and debts each spouse holds, including property owned before the marriage. The calculator adds up the estate, starts at an equal share and shows the payment between the spouses; you can move the slider to test another division. The reasoning is in equitable distribution of all property, the Ruff-Fischer guidelines and valuation dates and pensions.
Property and spousal support
The court may adjust the property division to reduce or eliminate spousal support, or award lump-sum support as additional marital property. See the North Dakota alimony calculator.
Property division across North Dakota
The statute applies in every North Dakota district court, from Fargo, Bismarck, Grand Forks, Minot, West Fargo or Williston. The IRS lists nine community property states, and North Dakota is not among them.
Frequently asked questions
Is North Dakota a community property state?
No. North Dakota makes an equitable distribution of property and debts under N.D.C.C. 14-05-24. The IRS lists nine community property states, and North Dakota is not among them.
Does North Dakota split property 50/50 in a divorce?
Not by rule. The distribution must be equitable under the Ruff-Fischer considerations, which can produce an equal or unequal split.
Is an inheritance divided in a North Dakota divorce?
North Dakota courts consider all property, including inheritances and premarital property, though the source is a factor in what is equitable.
What is the valuation date in a North Dakota divorce?
The date the parties agree on or, if they do not, sixty days before the initially scheduled trial date.
Can North Dakota redistribute property after the divorce?
Yes, if a party failed to disclose property and debts or fails to comply with the order.