Divorce is never easy, and when it comes to alimony (spousal support) in North Dakota, understanding the rules and expectations can help ease the financial uncertainties. Unlike child support, North Dakota does not have a fixed formula for calculating alimony, which makes it essential to understand how courts approach spousal support.
📌 What Is Alimony in North Dakota?
Alimony, or spousal support, is court-ordered financial assistance paid by one spouse to the other after separation or divorce. It is designed to balance the economic impact of divorce and help the lower-earning spouse maintain a standard of living comparable to the one experienced during marriage.
⚖️ Types of Alimony in North Dakota
North Dakota courts may award several types of alimony:
1. Temporary Alimony
Awarded during the divorce process to help a dependent spouse cover living expenses while proceedings are ongoing.
2. Rehabilitative Alimony
The most common form of alimony in North Dakota. It helps the recipient become self-supporting through education, training, or employment.
3. Permanent Alimony
Rare, but may be awarded in long-term marriages where one spouse cannot reasonably become self-sufficient due to age, disability, or health.
🧮 How Is Alimony Calculated in North Dakota?
North Dakota does not have a statutory formula or online calculator. Instead, courts rely on a case-by-case evaluation using equitable principles. That said, attorneys and mediators often use a general estimation to negotiate terms:
Unofficial Estimation Formula (for general guidance only):
Alimony = (35% of Payor’s Gross Income) – (25% of Recipient’s Gross Income)
Example:
- Payor earns $100,000/year
- Recipient earns $30,000/year
- (35% of $100,000 = $35,000) – (25% of $30,000 = $7,500)
- Estimated Alimony: $27,500/year or $2,292/month
⚠️ Note: This is not legally binding and should only be used for rough estimates or negotiations.
📋 Factors Courts Consider When Awarding Alimony
North Dakota courts evaluate several factors based on case law, especially the Ruff-Fischer guidelines, which include:
- Length of the marriage
- Age, health, and earning ability of each spouse
- Standard of living during the marriage
- Needs and financial circumstances of each spouse
- Conduct during the marriage (e.g., dissipation of marital assets)
- Contribution to homemaking, childcare, or supporting the other’s career
- Time and expense required for the recipient to become self-sufficient
⏳ How Long Does Alimony Last?
There is no fixed duration, but general guidelines apply:
- Short-term marriages (under 5 years): Minimal or no support
- Medium-term marriages (5–15 years): Rehabilitative support for a few years
- Long-term marriages (15+ years): Longer or potentially permanent support if justified
Alimony is often terminated upon remarriage of the recipient or a significant change in circumstances.
💰 What Counts as “Income” for Alimony?
Income includes (but is not limited to):
- Salaries and wages
- Commissions and bonuses
- Rental income
- Investment and dividend income
- Business/self-employment income
- Pensions or retirement income
- Disability and unemployment benefits
Courts may also impute income if a spouse is voluntarily unemployed or underemployed.
🔄 Can Alimony Be Modified?
Yes. Either party can request a modification if there is a material change in circumstances, such as:
- Job loss or reduced income
- Serious illness
- Remarriage or cohabitation
- Significant increase in one party’s income
💍 Effect of Remarriage on Alimony
In North Dakota, alimony typically ends if the recipient remarries, unless the divorce judgment states otherwise. Courts may also consider cohabitation as grounds to terminate or reduce support.
⚖️ Notable North Dakota Alimony Case Law
North Dakota relies heavily on precedent. Key decisions include:
- Ruff v. Ruff and Fischer v. Fischer: Set out the core factors courts must consider when awarding alimony.
- Wiege v. Wiege (2020): Emphasized the need for fairness and reasonable self-sufficiency timelines.
- Bailey v. Bailey (2022): Reinforced the idea that alimony is not punitive, but supportive.
These rulings reinforce that every case is unique, and alimony depends heavily on the couple’s individual financial and marital situation.
💼 When Is Alimony Appropriate in North Dakota?
Alimony is generally appropriate when:
- One spouse has significantly lower income or earning potential
- The marriage was long-term
- One spouse sacrificed a career to support the household
- There are health limitations affecting earning capacity
🚫 When Alimony Is Not Appropriate
Alimony may be denied if:
- The marriage was very short
- Both parties have similar earning abilities
- The lower-earning spouse is unwilling to become self-supporting
- The payor lacks sufficient income or assets
🛠️ North Dakota Alimony Tools & Resources
Although there’s no official online calculator, the following tools and documents are helpful:
- ND Courts Divorce Forms
- Spousal Support Laws (Century Code §14-05-24.1)
- Legal Aid of North Dakota
- Find a ND Family Law Attorney
🧑💼 Trusted North Dakota Divorce Attorneys
Consulting a local attorney can make a major difference in outcomes. Recommended firms include:
- Severson, Wogsland & Liebl, P.C. – Fargo
- Sw&L Attorneys – Bismarck
- Lundberg Law Offices – Grand Forks
- Elsberry & Shively – Minot
❓ FAQs
1. Is there a North Dakota alimony calculator?
No official calculator exists. Spousal support is determined case-by-case.
2. Can men receive alimony?
Yes, alimony is gender-neutral in North Dakota.
3. Is alimony tax-deductible?
For divorces finalized after 2019, alimony is not tax-deductible for the payor and not taxable for the recipient.
4. Can alimony be waived?
Yes, parties can agree to waive alimony in a settlement.
5. Does fault (e.g., cheating) affect alimony?
While ND is a no-fault state, economic misconduct may influence the court’s decision.
6. What if my ex stops paying alimony?
You can file a contempt of court motion for enforcement, including garnishment.
7. Can I modify alimony after divorce?
Yes, if you prove a substantial change in financial circumstances.
8. How long does rehabilitative alimony last?
Typically 2–5 years, depending on the time needed to gain employment or retrain.
📆 Recent Changes to North Dakota Alimony Laws (2020–2025)
North Dakota has not passed major legislative reforms to alimony laws in recent years. However:
- Case law continues to shape how alimony is interpreted.
- Recent rulings have emphasized economic equity and realistic timelines for self-sufficiency.
Legislators have occasionally proposed guidelines for more structured alimony, but as of 2025, no statutory calculator or formula exists.
🧾 Conclusion
Spousal support in North Dakota is based on equity, not entitlement, and is deeply influenced by the specific facts of each case. While there’s no official calculator, understanding income disparities, marriage duration, and your post-divorce needs is crucial.
To get a reliable estimate or negotiate a fair amount, speak to a North Dakota divorce lawyer or mediator with experience in family law.