North Dakota
North Dakota Spousal Support (Alimony) Laws: No Permanent Support (2026)
North Dakota calls it spousal support, not alimony. Under N.D.C.C. 14-05-24.1, a court may not award permanent spousal support. Every award must be for a limited, definite period, and courts apply the Ruff-Fischer case-law factors to set the amount and duration.
Information last verified on June 1, 2026.
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What Is Spousal Support in North Dakota?
North Dakota uses the term spousal support rather than alimony. The two terms describe the same concept: a court-ordered payment from one spouse to the other after divorce or separation. The governing statute is N.D.C.C. 14-05-24.1, which was amended in 2015 and again significantly in 2023 (HB 1037, effective August 1, 2023).
A court may award spousal support only after making two express findings: (1) the recipient lacks sufficient property or income to provide for their reasonable needs considering the marital standard of living, and (2) the paying spouse has the ability to supply support without undue economic hardship. Without both findings, no award is authorized.
Spousal support in North Dakota is not automatic. It is not awarded in every divorce, and the statute does not presume that either spouse is entitled to it. Each case turns on its own financial record and the weighing of the Ruff-Fischer factors discussed below.
North Dakota Bars Permanent Spousal Support
The most distinctive feature of North Dakota's spousal support law is the statutory prohibition on permanent awards. N.D.C.C. 14-05-24.1 states that the court may require one party to pay spousal support "for a limited period of time." The phrase "a limited period of time" is mandatory. A court cannot issue an open-ended order with no termination date.
This was not always the law. North Dakota spousal support law has been amended twice in recent years. In 2015, the legislature added the remarriage and cohabitation termination provisions. In 2023, House Bill 1037 (effective August 1, 2023) added the explicit prohibition on permanent support, the statutory definitions of each support type, and the duration percentage guidelines. Every non-rehabilitative spousal support order must include a specific end date.
The statute also provides guidance on how to set that duration. For marriages under five years, support may run for up to 50 percent of the length of the marriage. For marriages of five to ten years, the cap is up to 60 percent of the marriage length. For marriages of ten to fifteen years, up to 70 percent. For marriages of fifteen to twenty years, up to 80 percent. For marriages over twenty years, the court sets an appropriate limited duration based on the circumstances. These ranges are guideposts, not mandatory floors, and the judge retains discretion to award a shorter term within any range.
Note that rehabilitative spousal support operates somewhat differently. The statute's termination provisions for remarriage and cohabitation do not apply to rehabilitative awards. Rehabilitative support runs for the period the court determines is reasonably needed to allow the recipient to acquire education or job skills.
How Courts Decide Support: The Ruff-Fischer Guideline Factors
North Dakota has no formula or worksheet for calculating the amount of spousal support. The court exercises broad discretion guided by the Ruff-Fischer guidelines, a set of factors derived from case law and consistently applied by the North Dakota Supreme Court.
The Ruff-Fischer factors are:
- The respective ages of the parties
- Each party's earning ability
- The duration of the marriage and the conduct of the parties during the marriage
- The station in life of the parties
- The circumstances and necessities of each party
- The health and physical condition of each party
- The financial circumstances of each party, including property owned at the time of divorce, its value, its income-producing capacity, and whether it was accumulated before or after the marriage
- Any other matter the court finds to be material
No single factor is controlling. The judge weighs all eight factors together in light of the full evidentiary record. The court is not required to make a specific finding on each factor, but it must articulate a rationale for its decision, which creates a record for any appeal.
Marital fault can play a role because the conduct of the parties during the marriage is one of the listed factors. North Dakota is among the minority of states that permits a judge to consider misconduct, including adultery, abuse, or financial waste, when deciding whether to award support and in what amount.
Property division is closely connected. Spousal support and equitable distribution of marital property are interrelated. A court must consider how the property settlement affects each party's financial position before setting a support amount. A spouse who receives substantial property in the divorce may be awarded little or no spousal support, while a spouse who receives little property may receive a larger or longer award.
Types of Spousal Support
North Dakota recognizes three forms of spousal support under N.D.C.C. 14-05-24.1.
Rehabilitative spousal support is the most commonly awarded type. Its purpose is to give the recipient spouse a realistic opportunity to acquire education, vocational training, work experience, or job skills that will allow that spouse to reach economic self-sufficiency. The duration is set to match the time reasonably needed to complete the educational or training goal. Rehabilitative support is not subject to automatic termination upon remarriage or cohabitation under the statute's termination provisions.
General term spousal support is available when the court finds that rehabilitation to independent economic status is not possible. This type is reserved for cases where the recipient spouse cannot reasonably be expected to become self-supporting, such as a spouse with a serious long-term disability or a spouse of advanced age after a very long marriage. Because permanent support is prohibited by statute, general term support must still carry a defined end date.
Lump sum spousal support may be awarded as additional marital property. It is a one-time payment rather than a series of periodic payments. Once paid, it cannot be modified.
When Support Ends or Changes
N.D.C.C. 14-05-24.1 specifies several events that affect a spousal support order.
Automatic termination. Unless the parties' written agreement provides otherwise, spousal support terminates automatically upon the remarriage of the recipient spouse or upon the death of either spouse.
Cohabitation. For non-rehabilitative support, the paying spouse may petition the court for termination on the basis that the recipient has been habitually cohabitating with another individual in a relationship analogous to a marriage for at least one year. Termination based on cohabitation is not automatic; it requires a court order supported by a preponderance of the evidence. This provision does not apply to rehabilitative spousal support awards.
Modification. A spousal support order may be modified if there is a material change in the circumstances of either party. Either spouse may petition the court for modification. Common grounds include a substantial change in income, disability, retirement, or job loss. A change that was foreseeable at the time of the original order generally does not justify modification. The party seeking modification bears the burden of demonstrating the material change.
End date in the order. Because the statute requires a limited period, every non-rehabilitative order already contains a built-in termination date. When that date arrives, the obligation ends without any further court action.
Is Spousal Support Taxable, and How It Differs From Child Support
Federal tax rules for spousal support changed significantly when the Tax Cuts and Jobs Act took effect. The treatment depends entirely on when the divorce or separation agreement was executed.
For agreements signed on or before December 31, 2018, the traditional rules apply: the paying spouse deducts support payments, and the recipient spouse includes them as taxable income.
For agreements executed after December 31, 2018, the rules are reversed. The paying spouse cannot deduct payments, and the recipient does not include them as gross income. IRS Topic No. 452 confirms this rule. If a pre-2019 agreement is later modified and the modification expressly states that the post-2018 tax rules apply, the agreement switches to the new treatment.
Child support is a completely separate obligation. Unlike spousal support, child support in North Dakota is calculated under the North Dakota Child Support Guidelines in N.D. Admin. Code 75-02-04.1, using a formula based on the parents' incomes and custody arrangement. Child support is never deductible by the paying parent or taxable to the receiving parent under any version of the law. The two obligations address entirely different purposes and are governed by different statutes.
For more on North Dakota's child support rules, see North Dakota child support laws.
For a state-by-state comparison of spousal support laws, see Alimony laws by state.
Disclaimer: This page provides general legal information about North Dakota spousal support law and is not legal advice. Spousal support cases depend on specific facts, and outcomes vary. If you are going through a divorce or separation in North Dakota, consult a licensed North Dakota family law attorney for advice about your individual situation.
Last updated: June 1, 2026.
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Frequently Asked Questions
Does North Dakota allow permanent spousal support?
No. N.D.C.C. 14-05-24.1 explicitly prohibits permanent spousal support. Every award must be for a limited, defined period of time. The statute was significantly amended by HB 1037 in 2023 (effective August 1, 2023), which added the explicit prohibition, type definitions, and duration percentage guidelines. The court must set a specific end date in the order.
What are the Ruff-Fischer factors in North Dakota?
The Ruff-Fischer factors are case-law criteria that North Dakota courts apply to decide whether to award spousal support and in what amount. They include the parties' ages, earning ability, length of the marriage, conduct during the marriage, station in life, circumstances and necessities of each party, health and physical condition, and financial circumstances including property holdings. No single factor controls the outcome.
How long does spousal support last in North Dakota?
Duration depends on marriage length and the Ruff-Fischer factors. The statute provides guideline ranges: up to 50 percent of the marriage for unions under five years, scaling to up to 80 percent for marriages of fifteen to twenty years. For marriages over twenty years, the court sets a limited duration based on circumstances. Rehabilitative support runs for the period needed to complete education or training.
Does spousal support end if the recipient remarries?
Yes. Under N.D.C.C. 14-05-24.1, non-rehabilitative spousal support terminates automatically upon the remarriage of the recipient spouse, unless the parties' written agreement provides otherwise. Rehabilitative spousal support is not subject to the automatic remarriage termination provision.
Can cohabitation end spousal support in North Dakota?
It can, but not automatically. For non-rehabilitative support, the paying spouse may petition the court to terminate the award by showing, by a preponderance of the evidence, that the recipient has been habitually cohabitating with another individual in a marriage-like relationship for at least one year. A court order is required. This provision does not apply to rehabilitative spousal support.
Is spousal support taxable in North Dakota?
The answer depends on when the divorce agreement was signed. For agreements executed after December 31, 2018, spousal support is not deductible by the payer and is not taxable income for the recipient under federal law. For agreements signed on or before December 31, 2018, the old rules apply: the payer could deduct payments, and the recipient included them as income. North Dakota conforms to federal tax treatment.
What is the difference between spousal support and child support in North Dakota?
Spousal support is paid between spouses and is discretionary, based on the Ruff-Fischer factors and mutual financial need. Child support is calculated under the mandatory North Dakota Child Support Guidelines formula and is owed to support the child, not the other parent. Child support is never deductible or taxable; spousal support tax treatment depends on the agreement date. The two obligations are separate and can coexist.
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Sources and References
- N.D.C.C. Title 14 Chapter 05 (including 14-05-24.1)(ndlegis.gov)
- North Dakota Courts: Divorce Self-Help Resources(ndcourts.gov)
- N.D. Admin. Code 75-02-04.1: Child Support Guidelines(ndlegis.gov)
- IRS Topic No. 452: Alimony and Separate Maintenance(irs.gov)
- North Dakota Legislative Assembly: 68th Session Domestic Relations Session Laws(ndlegis.gov).gov