PLM Family Law

What disqualifies you from alimony in North Dakota?

Alimony, also known as spousal support, aims to help one spouse financially after a divorce. Courts may grant alimony to a spouse who needs support to maintain a reasonable standard of living post-divorce. 

However, certain factors can disqualify someone from receiving alimony, depending on the specific circumstances of the case.

Self-sufficiency

One of the key factors that can disqualify someone from receiving alimony involves their ability to support themselves. If the court finds that a spouse has the skills, education, or earning potential to support themselves without help, they may not receive alimony. Judges look for proof that the spouse requesting alimony genuinely needs it and cannot maintain their lifestyle on their own.

Short marriages

Alimony often hinges on the length of the marriage. Courts may disqualify someone from alimony if the marriage lasted fewer than 10 years. Long-term marriages carry more weight, especially when one spouse sacrifices their career or education to support the family. In contrast, short-term marriages may not provide enough justification for ongoing support after a divorce.

Misconduct and financial irresponsibility

While the courts don’t automatically disqualify someone from spousal support due to misconduct, it can influence the decision. A history of financial irresponsibility, such as excessive spending or hiding assets, can lead a judge to deny alimony. Similarly, if one spouse engaged in actions that negatively impacted the financial well-being of the other, this can affect the outcome.

Moving forward without alimony

For those who don’t qualify for alimony, careful financial planning after divorce becomes essential. While the loss of alimony may seem challenging, many people find alternative ways to manage their finances without it.