When spouses decide to divorce, they have to separate their lives. Arranging for the division of their shared property is a key component of that process. In some cases, one spouse may not yet be capable of living independently when the divorce occurs. They may not have much separate property or may lack the earning potential necessary to live independently.
Some people assume that spousal support or alimony is automatic. However, it is generally only available to spouses who request support from the courts. What factors influence determinations about spousal support in North Dakota?
Not everyone is eligible
Generally speaking, those requesting spousal support must demonstrate need to the courts, possibly by showing that they left their career to raise the family’s children for years. That decision may have set back their career development and diminished their earning potential.
The courts also consider the ability of the other spouse to pay when deciding if spousal support is appropriate. Other key considerations include the duration of the marriage, the standard of living during the marriage and the health of the spouses.
While permanent social support is uncommon, the courts can order indefinite spousal support in extreme and imbalanced scenarios. Typically, spousal support provides baseline financial assistance for someone who must rebuild their career. Frequently, support involves monthly payments, although the courts can order lump-sum spousal support as well.
Reviewing marital circumstances with a skilled legal team can help people better understand the likelihood of the courts granting a spousal support request. Those in need of financial support and those worried about paying for years may need insight into the law and assistance as they develop a legal strategy for their divorces, and that’s okay.