North Dakota Alimony / Spousal Support Estimator

North Dakota has no formula for calculating spousal support. Under N.D.C.C. § 14-05-24.1, judges use the Ruff-Fischer guidelines — an 8-factor test examining each spouse's age, earning ability, marriage duration, health, station in life, and financial circumstances. The court has broad discretion to set both the amount and duration of any award based on these factors.

North Dakota courts may award three types of spousal support under § 14-05-24.1. Rehabilitative support helps a spouse gain education or job training to become self-supporting. General term support applies when rehabilitation is not possible due to age, disability, or other barriers. Lump sum support adjusts the marital property distribution to reduce or eliminate ongoing payments. Permanent spousal support is prohibited.

North Dakota's 2023 amendment (HB 1037) introduced duration limits based on marriage length: up to 50% for marriages under 5 years, 60% for 5–10 years, 70% for 10–15 years, and 80% for 15–20 years. Marriages lasting 20 or more years have no statutory cap. Judges must provide written reasons to deviate beyond these limits. A rebuttable presumption also terminates support at the payor's Social Security retirement age.

North Dakota courts apply the Ruff-Fischer guidelines, which include 8 factors: the ages of both spouses, their earning abilities, the duration and conduct of the marriage, their station in life, the circumstances and necessities of each party, health and physical condition, financial circumstances including property values and income-producing capacity, and any other material factors. Courts are not required to apply these mechanically but must explain their rationale.

North Dakota allows modification of rehabilitative and general term spousal support when a material change in circumstances occurs — meaning a substantial change in financial abilities or needs not contemplated at the time of the original award. However, lump sum spousal support cannot be modified after the judgment is filed. Parties may also contractually limit or preclude modification through a written agreement included in the divorce judgment.

Marital conduct, including adultery, is one factor North Dakota courts may consider under the Ruff-Fischer guidelines, which examine 'the conduct of the parties during the marriage.' However, adultery that did not involve dissipation of marital assets is less likely to significantly influence a spousal support determination. North Dakota courts focus primarily on financial need and ability to pay rather than fault alone.

For all divorce agreements executed after December 31, 2018, spousal support payments are not deductible by the payor and not taxable income for the recipient under the federal Tax Cuts and Jobs Act of 2017. North Dakota follows federal tax treatment, so alimony payments in North Dakota divorces finalized after 2018 have no state or federal income tax consequences for either party.

North Dakota allows parties to waive or limit spousal support through a written agreement. Under § 14-05-24.1, parties may expressly preclude or limit the modification of spousal support in their divorce judgment. Prenuptial and postnuptial agreements addressing alimony are generally enforceable in North Dakota, provided both parties entered the agreement voluntarily with full financial disclosure. Consulting a North Dakota family law attorney before signing is strongly recommended.