North Dakota’s Spousal Support Guidelines: What you need to know in 2025

By: Attorney Alexis L. Doree

In a previous blog post, we explored how North Dakota courts traditionally approached spousal support (also known as “alimony”). Historically, spousal support decisions were made on a case-by-case basis, focusing heavily on the parties’ needs and abilities, the standard of living during the marriage, and equitable considerations. There was no set formula or duration—leaving many clients wondering what to expect.

North Dakota has since adopted new guidelines and presumptions that bring more structure and predictability to spousal support decisions. Here’s a breakdown of what has changed and what it could mean for your case.

When Can Spousal Support Be Awarded?

One of the most significant changes is the elimination of permanent spousal support. Now, courts may only award limited-duration support if the following conditions are met:

The recipient can’t meet their basic needs based on the lifestyle during the marriage; and
The payor can afford to provide support without serious financial strain.

Factors the Court Must Consider

1. The age of the parties;
2. The earning ability of each party;
3. The duration of the marriage;
4. The conduct of the parties during the marriage;
5. The station in life of each party;
6. The circumstances and necessities of each party;
7. The health and physical condition of each party;
8. The financial circumstances of the parties as shown by the property owned at the time of the divorce, including the value of the property at the time of the divorce, the income-producing capacity of the property, and whether the property was acquired before or after the marriage.

Types of Support

After considering the above factors, the court may award one of the following forms of support:

1. Rehabilitative Spousal Support: Given to help a spouse become financially independent, such as by going back to school or gaining job skills.
2. General Term Spousal Support: Given when a spouse can’t become self-supporting, either due to age, health, or other limitations.
3. Lump Sum Spousal Support: A one-time payment instead of monthly support, often used to avoid long-term payments or adjust how property is divided.

There is a rebuttable presumption that spousal support shall terminate when the payor reaches full retirement age for social security benefits.

Duration of Spousal Support

North Dakota now provides a presumptive cap on the duration of spousal support based on the length of the marriage, unless the court makes written findings that a deviation is necessary. The general guidelines are:

Final Thoughts

These updates bring clarity to what was once a highly discretionary area of family law in North Dakota. If you are going through a divorce and wondering what kind of spousal support might apply in your case—or whether it can be avoided or modified—consulting with an experienced family law attorney is key. Please contact our office at +1 (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule a free consultation today.

*The information in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon.