North Dakota · Alimony · Updated Oct 2026
Alimony in North Dakota
Alimony (spousal support) in North Dakota, from the state's own law: when a court can order it, amount and length, recent changes, how it relates to dividing property and how to ask for it.
In short
In North Dakota, alimony is called spousal support. The court may not award permanent spousal support.
- What North Dakota calls it
- spousal support
- Property division
- Equitable distribution
- Law
- N.D. Cent. Code 14-05-24.1.
When North Dakota courts can order alimony
These rules come from 2023 House Bill 1037 and apply to divorces filed on or after August 1, 2023.
Amount, limits and length
- The court may not award permanent spousal support.
- It can award support for a limited time if the person asking can't meet reasonable needs and the payer can afford it: rehabilitative, general term, or lump sum.
- Unless the court finds a longer time necessary, it ends after a set share of the marriage's length: under 5 years up to 50%; 5-10 years up to 60%; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years as agreed or set by the court.
Law: N.D. Cent. Code 14-05-24.1.
Recent changes in North Dakota
No 2024-2026 change to the core divorce sections found. The spousal support rules (no permanent support; duration limits) date from 2023 HB 1037, effective for cases filed on or after August 1, 2023. Self Help Center instructions revised July 2025.
Good to know
North Dakota law bars permanent spousal support and caps its length as a share of the marriage. (N.D. Cent. Code 14-05-24.1)
Alimony and property in North Dakota
Spousal support is a separate question from dividing property and debts.
- System
- Equitable distribution
- The rule
- The court makes an equitable (fair) division of all property and debts. Unless you agree on a date, marital property is valued 60 days before the first scheduled trial date.
How to ask for alimony in North Dakota
Ask for it in your divorce papers
You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (North Dakota courts)
Pay the fee or ask for a waiver
$160 to file for divorce (N.D. Cent. Code 27-05.2-03(1)(b); ND Legal Self Help Center instructions, rev. Can't afford it? Petition for Order Waiving Fees and Financial Affidavit (signed before a notary): https://www.ndcourts.gov/legal-self-help/fee-waiver.
Agree, or let the judge decide
If you and your spouse agree, put it in your written agreement; if not, the judge decides. For contested custody or parenting time, the court's Family Law Mediation Program gives up to 6 hours of orientation and mediation free (N.D.R.Ct.
Get it in the final decree
Spousal support is ordered in the decree. Get a certified copy and keep it.
Questions about alimony in North Dakota
How does alimony work in North Dakota?
Called spousal support. The court may not award permanent spousal support. It can award support for a limited time if the person asking can't meet reasonable needs and the payer can afford it: rehabilitative, general term, or lump sum. Unless the court finds a longer time necessary, it ends after a set share of the marriage's length: under 5 years up to 50%; 5-10 years up to 60%; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years as agreed or set by the court. These rules come from 2023 House Bill 1037 and apply to divorces filed on or after August 1, 2023.
How much alimony is paid in North Dakota, and for how long?
The court may not award permanent spousal support. It can award support for a limited time if the person asking can't meet reasonable needs and the payer can afford it: rehabilitative, general term, or lump sum. Unless the court finds a longer time necessary, it ends after a set share of the marriage's length: under 5 years up to 50%; 5-10 years up to 60%; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years as agreed or set by the court.
Has alimony law in North Dakota changed recently?
No 2024-2026 change to the core divorce sections found. The spousal support rules (no permanent support; duration limits) date from 2023 HB 1037, effective for cases filed on or after August 1, 2023. Self Help Center instructions revised July 2025.
Is North Dakota a community property state?
No. North Dakota uses equitable distribution. The court makes an equitable (fair) division of all property and debts. Unless you agree on a date, marital property is valued 60 days before the first scheduled trial date.
More about divorce in North Dakota
- All North Dakota divorce laws
- Uncontested divorce in North Dakota
- North Dakota divorce forms and filing fees
- Child custody and support in North Dakota
- Serving divorce papers in North Dakota
- Divorce timeline estimator for North Dakota
- Divorce checklist for North Dakota
- Community property states
- Uncontested divorce: how it works
Alimony in nearby states
- N.D. Cent. Code ch. 14-05 (Divorce)
- N.D. Cent. Code ch. 27-05.2 (clerk fees)
- ND Legal Self Help Center: Divorce
- ND Legal Self Help Center: Divorce with an agreement - No Children
- ND Legal Self Help Center: Default divorce
- ND Courts: Family Law Mediation Program
- 2023 HB 1037 (spousal support), enrolled text
Last checked: Oct 24, 2026.