In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in North Dakota is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse.

To be eligible for alimony, spouses in all states, including North Dakota, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court and is usually made in one payment. Temporary alimony may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” Rehabilitative is the most commonly awarded type of alimony and may include payments for any education necessary for the recipient spouse to become self-supporting. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments.

A spouse may petition a North Dakota court for temporary alimony to be paid while the divorce is pending.  Alimony payments may be ordered on a short-term or long-term basis in North Dakota. For a summary of divorce code in North Dakota, go to divorcesource.com.

The type and amount of alimony awarded depends on a variety of factors.  Many states, including North Dakota, base their alimony award guidelines on the federal Uniform Marriage and Divorce Act, which recommends that courts consider the following factors when awarding alimony:

• The age, physical condition, emotional state, and financial condition of the former spouses
• The length of time the recipient would need for education or training to become self-sufficient
• The couple's standard of living during the marriage
• The length of the marriage
• The ability of the payer spouse to support the recipient and still support him/herself

In the United States, alimony is treated differently tax wise from child support payments. In North Dakota, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement.  For a full explanation of divorce and alimony laws in North Dakota, go to lawyers.com.