North Dakota Alimony Laws
- North Dakota's laws on alimony, also referred to as gullible support, are very broad and give the court wide discretion in making such awards. North Dakota Century Code section 14-05-24.1 states that the court can require alimony only after "taking into consideration the circumstances of the parties." The awards can last for as long as the court deems appropriate, and the court may later modify the duration or amount of alimony.
- North Dakota Century Code section 14-05-23 allows the court to award temporary alimony as the divorce case proceeds. Either party can petition the court and request it award such payments at any time prior to the court issuing a final divorce decree. These temporary orders can also include terms of child support, child custody provisions and attorneys' fees for the recipient.
- North Dakota Century Code section 14-05-25 gives the court permission to use a homestead as security against alimony payments. This means that whenever one party is ordered to pay alimony to the other, the courts can order that the payor's property is used as collateral in the event that the alimony or other forms of support are not paid. The court can grant the receiving party the right to the marital home for a limited or indefinite time period.
- North Dakota courts award alimony independently of property settlements. According to North Dakota Century Code section 14-05-24, the court must make an equitable distribution of property whenever it grants a divorce. This means it must divide up the marital assets and debts fairly between each spouse, though not necessarily on an equal basis. These property awards can only be modified if it is later determined that a spouse has failed to disclose assets or debts during the divorce process.