The Ruff-Fischer Guidelines for North Dakota Property Division
North Dakota courts divide property under the Ruff-Fischer guidelines, weighing the parties’ ages, earning abilities, the length of the marriage, their conduct, circumstances and health, and the property owned, its value, its income and whether it was acquired before or after the marriage.
Where the guidelines come from
North Dakota’s property statute is short and lists no factors. The North Dakota Supreme Court has set out the considerations in a long line of cases known as the Ruff-Fischer guidelines (Ruff v. Ruff, 1908, and Fischer v. Fischer, 1987), and trial courts must apply them in dividing property and debts.
The considerations
The courts consider the ages of the parties; their earning abilities; the duration of the marriage and their conduct during it; their station in life; their circumstances and necessities; their health and physical condition; their financial circumstances as shown by the property owned at the time of the divorce, its value, its income-producing capacity and whether it was acquired before or after the marriage; and such other matters as may be material. These are the same matters the spousal support statute lists (N.D.C.C. 14-05-24.1(3)).
No fixed percentage
The guidelines do not require an equal division, and the Court has said that a division need not be mathematically equal to be equitable; long marriages commonly end close to equal, and shorter marriages often favor returning property to its source.
Premarital and inherited property
The source of property is a consideration, not an exclusion: property acquired before the marriage or by gift or inheritance can be awarded to the spouse it came from, but the court may still divide it if equity requires.
Evidence that helps
Dated records of when and how each asset was acquired, the contributions of each spouse and each spouse’s earning history and health.
Keeping the right paperwork
Keep records that show when and how each asset was acquired and what each spouse contributed.
In the calculator
Enter every asset and debt in the North Dakota property division calculator and use the slider to test a division that favors the source of the property.
Frequently asked questions
What are the Ruff-Fischer guidelines in North Dakota?
The Supreme Court's list of considerations for dividing property, including age, earning ability, duration of the marriage, conduct, health and the property owned and its source.
Is fault considered in North Dakota property division?
Yes. The conduct of the parties during the marriage is one of the considerations.
Does North Dakota consider the source of property?
Yes, including whether it was acquired before or after the marriage.
Is a long marriage divided equally in North Dakota?
Often close to equally, but the court decides what is equitable.
Where are the Ruff-Fischer guidelines written?
In North Dakota Supreme Court decisions, not in the statute.
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.