Alimony (spousal support) in North Dakota is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in North Dakota, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding North Dakota’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against North Dakota family law statutes as of May 2026.
In This North Dakota Alimony Guide:
Types of Alimony in North Dakota
North Dakota courts may award the following types of alimony:
- Temporary (pendente lite
- during divorce proceedings under N.D.C.C. § 14-05-23); Rehabilitative (to help spouse gain education
- training
- or work experience to become self-supporting); General Term (limited-duration support when spouse is not capable of rehabilitation or self-support); Lump Sum (awarded as additional marital property distribution). North Dakota does NOT recognize permanent/lifetime alimony — it was eliminated by HB 1037 (2023).
How North Dakota Calculates Alimony
North Dakota does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
North Dakota courts consider these factors when determining alimony:
- North Dakota courts apply the Ruff-Fischer guidelines (case law factors codified through judicial precedent) along with statutory considerations: (1) respective ages of the parties; (2) earning abilities of each party; (3) duration of the marriage; (4) conduct of the parties during the marriage; (5) station in life; (6) circumstances and necessities of each party; (7) health and physical condition of each party; (8) financial circumstances as shown by property owned at time of divorce
- including value of property
- income-producing capacity of property
- and whether property was acquired before or after the marriage; (9) whether recipient lacks sufficient property or income for reasonable needs considering the marital standard of living; (10) whether payor has the ability to pay without undue economic hardship; (11) other matters as may be material.
Income disparity: YES. The statute requires the court to expressly find two conditions before awarding support: (1) the recipient lacks sufficient property or income to provide for reasonable needs considering the marital standard of living, AND (2) the payor has the ability to pay without undue economic hardship.
Vocational evaluation: Not specifically required by statute but courts may order or consider vocational evaluations to assess a spouse’s earning capacity, employability, and rehabilitation potential, particularly for rehabilitative support awards.
North Dakota Alimony Duration Guidelines
Yes — presumptive duration caps enacted in 2023 (HB 1037): under 5 years marriage = support up to 50% of marriage length; 5-10 years = up to 60%; 10-15 years = up to 70%; 15-20 years = up to 80%; 20+ years = court discretion. Court may deviate with written findings. Does not apply to rehabilitative support. Rebuttable presumption that support terminates when payor reaches full Social Security retirement age.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Under 5 years (support capped at 50% of marriage length)) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (20 years or more (no specific statutory percentage cap; court determines duration). Note: permanent alimony is prohibited regardless of marriage length.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: NO. North Dakota explicitly prohibits permanent spousal support as of 2023 (HB 1037, effective August 1, 2023). The statute states the court “may not award permanent spousal support.” General term support is the longest form available but must be for a limited period of time.
Modifying & Terminating North Dakota Alimony
Modification: YES. Unless the parties agree otherwise, the court can modify spousal support orders upon a showing that circumstances of at least one spouse have materially changed since the last order, justifying an adjustment to the amount or duration. Lump sum spousal support and property transfers are non-modifiable.
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Cohabitation: Yes. If the court finds by a preponderance of the evidence that the recipient spouse 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. This cohabitation termination rule does NOT apply to rehabilitative spousal support (per Bullock v. Bullock and the 2015 amendment).
Remarriage: Unless otherwise agreed to by the parties in writing, spousal support is terminated upon the remarriage or death of the spouse receiving support. The recipient must immediately notify the payor upon remarriage. Exception: rehabilitative spousal support may continue even after remarriage (Bullock v. Bullock).
Retirement: There is a rebuttable presumption that spousal support terminates when the payor reaches full retirement age for Social Security purposes. This presumption may be overcome if the court considers: (1) ages of the parties at time of marriage, at entry of spousal support award, and at time of retirement application; (2) degree and duration of economic dependency of recipient upon payor during the marriage; (3) whether recipient foregone, relinquished, or sacrificed claims, rights, or property in exchange for more substantial or longer support; (4) duration or amount of support already paid; (5) health of the parties at time of retirement application; (6) assets of the parties at time of retirement application.
Tax Implications of North Dakota Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all North Dakota divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on North Dakota Alimony
Adultery: Adultery does not automatically bar or guarantee a spousal support award. However, marital misconduct including adultery is one factor courts may consider under the Ruff-Fischer guidelines (“conduct of the parties during the marriage”). The court may increase support from a guilty party or reduce/withhold support to a guilty party based on the circumstances.
Other marital misconduct: Yes, marital misconduct beyond adultery (such as domestic violence, financial misconduct, substance abuse) may affect spousal support awards. “Conduct of the parties during the marriage” is an enumerated Ruff-Fischer factor. If misconduct adversely impacted the marital estate, the innocent spouse may argue for greater support. However, misconduct is not dispositive — it is one of many factors weighed.
Additional North Dakota rules: (1) 2023 Reform (HB 1037): Major overhaul eliminated permanent alimony and added presumptive duration caps as percentage of marriage length, effective August 1, 2023, applying to actions filed on or after that date. (2) Ruff-Fischer Guidelines: North Dakota uniquely relies on these judicially developed factors (from Ruff v. Ruff and Fischer v. Fischer) as the primary framework for spousal support analysis. (3) Rehabilitation Exemption: Rehabilitative spousal support is uniquely exempt from both the cohabitation and remarriage termination provisions, allowing it to continue even if the recipient remarries or cohabits. (4) Retirement Presumption: Unique rebuttable presumption of termination at payor’s full Social Security retirement age with specific factors to overcome. (5) No amount formula: While duration is now guided by statutory percentages, the dollar amount remains entirely within judicial discretion with no formula or guidelines.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- North Dakota Alimony Statute: N.D.C.C. § 14-05-24.1 (spousal support — types, factors, duration, termination, modification); N.D.C.C. § 14-05-23 (temporary spousal support during proceedings); as amended by HB 1037 (68th Legislative Assembly, 2023, effective August 1, 2023)
Last verified May 2026. Contact us if you notice outdated information.