North Dakota Alimony Calculator
Estimate spousal support and how long it lasts under N.D.C.C. § 14-05-24.1. Enter your numbers below for an instant estimate with a step-by-step breakdown and statute citations.
North Dakota Alimony Calculator
This state publishes a guideline equation that takes a share of the payor’s income and subtracts a share of the payee’s.
Based on N.D.C.C. § 14-05-24.1 · Verified August 21, 2026
North Dakota has no statutory alimony formula
North Dakota has no statutory alimony formula, so this figure uses the AAML national guideline (30% of the payor's gross income minus 20% of the payee's, capped at 40% of combined income) purely as a ballpark. The figure below is an estimate to give you a ballpark — a North Dakota judge decides the actual amount and duration using the factors listed beneath the calculator. About this method.
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Eligibility: No minimum marriage length. Before awarding support the court must expressly find (1) the recipient lacks sufficient property or income to provide for the recipient's reasonable needs, considering the marital standard of living, AND (2) the payor can supply those means without undue economic hardship (N.D.C.C. 14-05-24.1(2)). Permanent spousal support may NOT be awarded (HB 1037, eff. Aug. 1, 2023); support is for a limited period only.
Factors North Dakota Courts Weigh
- •The age of the parties
- •The earning ability of each party
- •The duration of the marriage (from the date of marriage until service of the summons for separation or divorce, per the statutory definition)
- •The conduct of the parties during the marriage
- •The station in life of each party
- •The circumstances and necessities of each party
- •The health and physical condition of each party
- •The financial circumstances of the parties as shown by property owned at the time of divorce, the value and income-producing capacity of that property, and whether it was acquired before or after the marriage
How North Dakota Alimony Works
- •North Dakota has NO statutory or guideline formula for the AMOUNT of spousal support. Courts decide the amount case-by-case on need and ability to pay, weighing the factors codified in N.D.C.C. 14-05-24.1(3) (these largely track the judicially-developed Ruff-Fischer guidelines).
- •2023 reform (HB 1037, 68th Legislative Assembly, filed with the Secretary of State April 3, 2023, effective August 1, 2023, and applying to divorce/separation actions filed on or after that date) eliminated permanent spousal support and added presumptive durational caps tied to the length of the marriage.
- •Three statutory support types (subsection 4): rehabilitative (to restore a spouse to independent economic status or equitably divide the burden of divorce by increasing earning capacity), general term (when a spouse cannot be rehabilitated or self-supporting), and lump-sum (paid as additional marital property distribution).
- •Spousal support terminates on remarriage or death of the recipient unless the parties agree otherwise in writing, and the court must terminate support if the recipient habitually cohabits in a relationship analogous to marriage for one year or more. There is a rebuttable presumption that support ends when the payor reaches Social Security full retirement age (subsection 11).
- •Any commonly cited figure such as '30-40% of the payor's gross income' is practitioner rule-of-thumb, not North Dakota law; the calculator's amount is illustrative (AAML national model).
This is an estimate for educational purposes only, not legal advice. Alimony is highly discretionary; a North Dakota judge can order a different amount or duration. Consult a licensed North Dakota family-law attorney about your situation. See the official North Dakota resource.
How North Dakota Calculates Alimony
North Dakota addresses spousal support under N.D.C.C. § 14-05-24.1. It uses a guideline equation that takes a percentage of the payor's gross income and subtracts a percentage of the payee's gross income, with statutory caps. The calculator above applies that equation to your figures and shows each step.
Unlike child support, alimony is one of the most discretionary areas of family law. Even in states with a guideline equation, the figure is a starting point a judge can adjust after weighing the statutory factors, the length of the marriage, and each spouse's needs and ability to pay. Treat any number here as an informed estimate, not a guaranteed award.
Key Rules in North Dakota
- North Dakota has NO statutory or guideline formula for the AMOUNT of spousal support. Courts decide the amount case-by-case on need and ability to pay, weighing the factors codified in N.D.C.C. 14-05-24.1(3) (these largely track the judicially-developed Ruff-Fischer guidelines).
- 2023 reform (HB 1037, 68th Legislative Assembly, filed with the Secretary of State April 3, 2023, effective August 1, 2023, and applying to divorce/separation actions filed on or after that date) eliminated permanent spousal support and added presumptive durational caps tied to the length of the marriage.
- Three statutory support types (subsection 4): rehabilitative (to restore a spouse to independent economic status or equitably divide the burden of divorce by increasing earning capacity), general term (when a spouse cannot be rehabilitated or self-supporting), and lump-sum (paid as additional marital property distribution).
- Spousal support terminates on remarriage or death of the recipient unless the parties agree otherwise in writing, and the court must terminate support if the recipient habitually cohabits in a relationship analogous to marriage for one year or more. There is a rebuttable presumption that support ends when the payor reaches Social Security full retirement age (subsection 11).
- Any commonly cited figure such as '30-40% of the payor's gross income' is practitioner rule-of-thumb, not North Dakota law; the calculator's amount is illustrative (AAML national model).
How Long Alimony Lasts in North Dakota
N.D.C.C. 14-05-24.1(5) sets presumptive durational caps as a percentage of the number of MONTHS of the marriage: up to 50% (marriage less than 5 yrs), up to 60% (between 5 and 10 yrs), up to 70% (between 10 and 15 yrs), up to 80% (between 15 and 20 yrs); for marriages of 20 years or more the duration is a limited period as agreed by the parties or determined by the court. A court may deviate beyond these limits only upon written findings that deviation is necessary. Permanent support is prohibited (subsection 2).
What Counts as Income
North Dakota's calculation uses each spouse’s gross income — earnings before taxes, including wages, bonuses, commissions, self-employment income, and many recurring sources. Courts can also impute income to a spouse who is voluntarily unemployed or underemployed, meaning support can be based on what a spouse could earn rather than what they currently do. Use your most recent pay stubs and tax return for the most accurate estimate.
Eligibility & Modifying an Order
No minimum marriage length. Before awarding support the court must expressly find (1) the recipient lacks sufficient property or income to provide for the recipient's reasonable needs, considering the marital standard of living, AND (2) the payor can supply those means without undue economic hardship (N.D.C.C. 14-05-24.1(2)). Permanent spousal support may NOT be awarded (HB 1037, eff. Aug. 1, 2023); support is for a limited period only.
Alimony orders can usually be modified when there is a substantial change in circumstances — for example, a significant change in either spouse's income, the recipient's remarriage or cohabitation, retirement, or the payor's loss of employment. The specific rules and any non-modifiable agreements depend on your court order and North Dakota law.
Frequently Asked Questions
Is this North Dakota alimony calculator accurate?
It applies the North Dakota guideline from N.D.C.C. § 14-05-24.1 to the numbers you enter, so it gives a close estimate of a typical guideline award. It is not an official court calculation — a judge can order a different amount after weighing the statutory factors.
Is alimony taxable in North Dakota?
For divorces finalized after December 31, 2018, alimony is not deductible by the payor and is not taxable income to the recipient under federal law. Most states follow the federal treatment, but check North Dakota's current rules for state income tax.
Does cheating affect alimony in North Dakota?
It depends on the state. Some states let courts consider marital misconduct among the alimony factors, while others bar it entirely. Review N.D.C.C. § 14-05-24.1 and speak with a North Dakota attorney about how fault is treated where you live.
Can alimony be changed later?
Usually yes. Alimony can often be modified when there is a substantial change in circumstances — such as a large change in income, the recipient's remarriage or cohabitation, or the payor's retirement — unless your order or agreement makes it non-modifiable.
Disclaimer
This calculator provides estimates for educational purposes only and is not legal advice. Alimony is highly fact-specific and discretionary; the amount and duration a North Dakota court actually orders may differ significantly from any estimate here. For advice about your situation, consult a licensed North Dakota family-law attorney.
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