North Dakota calls it spousal support. Discretionary under Ruff-Fischer-type factors (need, ability to pay, conduct, duration of marriage, and more). No statutory formula. Forms include Rehabilitative and, less often, longer-term support; temporary support during the case.. That is what separates North Dakota spousal support from a generic national summary. Read N.D. Cent. Code § 14-05-24.1 before the background sections below. Duration: Rehabilitative awards dominate; duration tracks a plan for self-support. Termination: Death, remarriage, or the end of a rehabilitative term; substantial change can warrant modification.
Eligibility and statutory factors
Discretionary under Ruff-Fischer-type factors (need, ability to pay, conduct, duration of marriage, and more). No statutory formula.
Fault. Conduct of the parties may be considered among the equitable factors.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of spousal support in North Dakota
Rehabilitative and, less often, longer-term support; temporary support during the case.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
North Dakota does not use a statewide calculator for final spousal support. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
A concrete North Dakota scenario
Here is one way the North Dakota pieces fit together. Change any fact and the statute may point somewhere else.
One spouse asks a North Dakota court for spousal support after a divorce filing.
- Use the label and statute North Dakota actually uses: spousal support under N.D. Cent. Code § 14-05-24.1.
- There is no formula. Apply the statutory factors: Discretionary under Ruff-Fischer-type factors (need, ability to pay, conduct, duration of marriage, and more). No statutory formula.
- Set duration from North Dakota rules: Rehabilitative awards dominate; duration tracks a plan for self-support.
- Identify what ends the award: Death, remarriage, or the end of a rehabilitative term; substantial change can warrant modification.
No general permanent spousal support under modern North Dakota practice—permanent awards are disfavored/unavailable as a standard remedy. Fault: Conduct of the parties may be considered among the equitable factors. TCJA: post-2018 support is not federally deductible/includible; confirm North Dakota state-tax treatment.
How long spousal support lasts
Rehabilitative awards dominate; duration tracks a plan for self-support.
Permanent / indefinite support. No general permanent spousal support under modern North Dakota practice—permanent awards are disfavored/unavailable as a standard remedy.
When spousal support ends or can be changed
Death, remarriage, or the end of a rehabilitative term; substantial change can warrant modification.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are North Dakota-specific.
Taxes
TCJA: post-2018 support is not federally deductible/includible; confirm North Dakota state-tax treatment.
Child support remains non-deductible and non-taxable. Do not assume spousal support treatment mirrors child support.
Case law: how North Dakota courts decide spousal support
These LawDiver opinions illustrate how North Dakota appellate courts discuss need, ability to pay, duration, and related issues:
Rebecca J. WEIR, Plaintiff and Appellee, v. H. Patrick WEIR, Defendant and Appellant
…d, and ordered Patrick to pay to Rebecca child support and “alimony.” Patrick’s sole contention on appeal is that the district court’s award of alimony to Rebecca, in varying amounts and for a period of twenty years, is clearly erroneous. We affirm in major part, reverse in minor part and remand. Patrick and Rebecca were married on June 10, 1961. Of four boys born of the marria…
North Dakota opinions such as Rebecca J. WEIR, Plaintiff and Appellee, v. H. Patrick WEIR, Defendant and Appellant are cited where spousal support is disputed. The court stated: "Patrick to pay to Rebecca child support and “alimony.” Patrick’s sole contention on appeal is that the district court’s award of alimony to Rebecca, in varying amounts and for a period of twenty years, is clearly erroneous. We affirm in major part, reverse in minor part and remand." That is the language to brief; the rest of the decision supplies the procedural posture.
Shirley KRUEGER, Plaintiff and Appellee v. Albert KRUEGER, Defendant and Appellant
…a result of this divorce, and Albert has the ability to pay alimony to Shirley. Albert shall pay Shirley alimony in the amount of $1,500 per month for 10 years and $1000 per month thereafter until she dies or remarries. [¶ 12] The court’s findings reflect it considered Shirley Krueger’s needs and Albert Krueger’s ability to pay, and we can ascertain the rationale for the court’…
North Dakota opinions such as Shirley KRUEGER, Plaintiff and Appellee v. Albert KRUEGER, Defendant and Appellant are cited where spousal support is disputed. The court stated: "Albert has the ability to pay alimony to Shirley. Albert shall pay Shirley alimony in the amount of $1,500 per month for 10 years and $1000 per month thereafter until she dies or remarries." That is the language to brief; the rest of the decision supplies the procedural posture.
Deborah F. RIEHL, Plaintiff and Appellant, v. Andrew J. RIEHL, Defendant and Appellee
…spousal and child support. Deborah challenges the award of spousal support. We hold the trial court’s decision to award rehabilitative spousal support for only the period of time commensurate with the recipient’s period of rehabilitation is clearly erroneous. We reverse and remand the judgment of the district court. I [¶ 2] At the time of trial, Deborah was age 43 and Andrew w…
Deborah F. RIEHL, Plaintiff and Appellant, v. Andrew J. RIEHL, Defendant and Appellee is worth reading on North Dakota spousal support because the court put the point in its own words: "Deborah challenges the award of spousal support. We hold the trial court’s decision to award rehabilitative spousal support for only the period of time commensurate with the recipient’s period of rehabilitation is clearly erroneous." Use that passage as the starting point, then read the facts that precede it.
Kathleen M. SOMMER, Plaintiff and Appellee v. Donald H. SOMMER, Defendant and Appellant
…leen Marie Halloran, Comment, Petitioning a Court to Modify Alimony When a Client Retires, 28 U. Balt. L. Rev. 193, 212-29 (1998).
Practitioners open Kathleen M. SOMMER, Plaintiff and Appellee v. Donald H. SOMMER, Defendant and Appellant when North Dakota spousal support turns on the distinction in this sentence: "Marie Halloran, Comment, Petitioning a Court to Modify Alimony When a Client Retires, 28 U. Balt. L. Rev. 193, 212-29 (1998)." Do not lift it out of the facts the court was deciding.
Kenneth F. BRIESE, Plaintiff and Appellant, v. Florence I. BRIESE, Defendant and Appellee
…portions of the decree which divide the property and award alimony. We affirm the judgment. Kenneth is 53 years old and Florence is 52 years old. They were married on May 6, 1950, in Fargo. The marriage lasted 31 years. Nine children were born as issue of the marriage. One child died in infancy and one child died in an automobile accident after reaching adulthood. The seven su…
Kenneth F. BRIESE, Plaintiff and Appellant, v. Florence I. BRIESE, Defendant and Appellee is worth reading on North Dakota spousal support because the court put the point in its own words: "We affirm the judgment. Kenneth is 53 years old and Florence is 52 years old. They were married on May 6, 1950, in Fargo. The marriage lasted 31 years. Nine children were born as issue of the marriage." Use that passage as the starting point, then read the facts that precede it.
Keith M. RUSTAND, Plaintiff and Appellee, v. Elizabeth L. RUSTAND, Defendant and Appellant
…whether or not the award to Elizabeth of $2,500 per month “alimony, support and maintenance” should terminate because of her remarriage. The use of the word “alimony”, as we have said on several occasions, involves a confusing array of connotations. Seablom v. Seablom, 348 N.W.2d 920, 921, 924 (N.D.1984); Lipp v. Lipp, 355 N.W.2d 817, 820 (N.D.1984). “Alimony” has come to be a…
On spousal support, Keith M. RUSTAND, Plaintiff and Appellee, v. Elizabeth L. RUSTAND, Defendant and Appellant speaks to the North Dakota dispute in this passage: "Elizabeth of $2,500 per month “alimony, support and maintenance” should terminate because of her remarriage. The use of the word “alimony”, as we have said on several occasions, involves a confusing array of connotations. Seablom v. Seablom, 348 N.W.2d 920, 921, 924 (N.D." The surrounding opinion shows how the court applied that language to the record.
Kenneth L. LUCY, Plaintiff and Appellee, v. Shirley M. LUCY, Defendant and Appellant
…dgment of the district court for Burke County, awarding her alimony, partial attorney fees, and dividing the property. We affirm in part, reverse in part, and remand for further proceedings. Shirley and Kenneth L. Lucy were married on October 25, 1957, when Shirley was 19 and Kenneth 24. Shirley is a high school graduate and has completed one year of college. Kenneth’s formal e…
Practitioners open Kenneth L. LUCY, Plaintiff and Appellee, v. Shirley M. LUCY, Defendant and Appellant when North Dakota spousal support turns on the distinction in this sentence: "Burke County, awarding her alimony, partial attorney fees, and dividing the property. We affirm in part, reverse in part, and remand for further proceedings. Shirley and Kenneth L. Lucy were married on October 25, 1957, when Shirley was 19 and Kenneth 24." Do not lift it out of the facts the court was deciding.
Carol Ann BIES, F/K/A Carol Ann Obregon, Plaintiff, State of North Dakota, Through the Regional Child Support
…ay $150 per month for child support and $350 per month for “alimony.” Not long afterwards, the court ordered Obregon to make the alimony payments to the clerk of district court and he fell into arrears on them. Later, he also fell into arrears on the child support payments. The parties’ minor child turned 18 in October 1983, and Obregon’s child support obligation terminated und…
North Dakota opinions such as Carol Ann BIES, F/K/A Carol Ann Obregon, Plaintiff, State of North Dakota, Through the Regional Child Support are cited where spousal support is disputed. The court stated: "Not long afterwards, the court ordered Obregon to make the alimony payments to the clerk of district court and he fell into arrears on them. Later, he also fell into arrears on the child support payments." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist
- Identify the correct statutory label (spousal support) and controlling section (N.D. Cent. Code § 14-05-24.1).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if North Dakota law makes it relevant to eligibility or amount.
- Search LawDiver for recent North Dakota decisions before mediation.
- Cross-check child support interactions via the North Dakota child support guide.
Key takeaways
- North Dakota uses the term spousal support under N.D. Cent. Code § 14-05-24.1.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary under Ruff-Fischer-type factors (need, ability to pay, conduct, duration of marriage, and more). No statutory formula.
- Common forms include: Rehabilitative and, less often, longer-term support; temporary support during the case.
- Duration framework: Rehabilitative awards dominate; duration tracks a plan for self-support.
- Permanent / indefinite support: No general permanent spousal support under modern North Dakota practice—permanent awards are disfavored/unavailable as a standard remedy.
- Companion child-support guide: North Dakota child support guidelines.
What spousal support is (and is not)
Spousal support is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see N.D. Cent. Code § 14-09-09.7; North Dakota Child Support Guidelines) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal support. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply North Dakota's statutory framework.
Frequently asked questions
Does North Dakota still award permanent spousal support?
No general permanent spousal support under modern North Dakota practice—permanent awards are disfavored/unavailable as a standard remedy.
How is spousal support calculated in North Dakota?
North Dakota leaves amount largely to judicial discretion under N.D. Cent. Code § 14-05-24.1, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive spousal support?
Rehabilitative awards dominate; duration tracks a plan for self-support. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal support?
Death, remarriage, or the end of a rehabilitative term; substantial change can warrant modification.
Is spousal support taxable?
TCJA: post-2018 support is not federally deductible/includible; confirm North Dakota state-tax treatment.
Where can I read North Dakota spousal support opinions?
Open the cases linked above or search LawDiver scoped to North Dakota. For support of children, see the North Dakota child support guidelines guide.
Disclaimer
This article provides general information about North Dakota spousal support and is not legal advice. Confirm the current text of N.D. Cent. Code § 14-05-24.1 and consult a licensed North Dakota family-law attorney before acting on any rule described here.