North Dakota Alimony & Spousal Support (2026)
North Dakota has no formula for the amount of alimony — that is fully up to the judge. But state law does set a fixed limit on how long alimony can last, described below.
How long alimony can last
Since a 2023 reform (HB 1037, effective August 1, 2023), North Dakota law states the court "may not award permanent spousal support" and instead caps duration as a percentage of the marriage length: up to 50% of the marriage length for marriages under 5 years, up to 60% for marriages of 5-10 years, up to 70% for marriages of 10-15 years, and up to 80% for marriages of 15-20 years. For marriages of 20 years or more, duration is either agreed upon by the parties or set by the court for a limited time. A court can deviate beyond these limits only with written findings that a deviation is necessary.
What determines alimony in North Dakota
Under N.D.C.C. § 14-05-24.1 (North Dakota Century Code § 14-05-24.1 (as amended by HB 1037, effective August 1, 2023)), a court considers:
- Age of the parties
- Earning ability of each party
- Duration of the marriage
- Conduct of the parties during the marriage
- Station in life of each party
- Circumstances and necessities of each party
- Health and physical condition of each party
- Financial circumstances of the parties, including property owned at the time of divorce and its value and income-producing capacity
Good to know
- The amount of spousal support is still fully discretionary — only duration has these statutory caps. The court can award rehabilitative support (to restore a spouse to independent status), general term support, or lump-sum support as additional marital property, based on the factors above.
Also need a child support estimate?
Alimony and child support are calculated completely separately in North Dakota. If you also have children, use our free North Dakota child support calculator — that one does compute a real number, based on the official guideline formula.
Frequently asked questions
Is there an alimony formula in North Dakota?
Not for the amount, which is fully up to the court. But since a 2023 reform, North Dakota caps the DURATION of spousal support as a percentage of the marriage length, and the law explicitly says the court "may not award permanent spousal support."
How long does spousal support last in North Dakota?
Duration is capped by marriage length: up to 50% of the marriage for marriages under 5 years, up to 60% for 5-10 years, up to 70% for 10-15 years, and up to 80% for 15-20 years. For marriages of 20+ years, duration is agreed upon by the parties or set by the court for a limited time. A judge can go beyond these caps only with written findings that it's necessary.
Source: North Dakota Century Code § 14-05-24.1 (as amended by HB 1037, effective August 1, 2023) · Last verified 2026-07-22
Disclaimer: This page explains the general legal framework for alimony in North Dakota and is for informational purposes only — it is not legal advice and does not predict the outcome of any specific case. Laws change; always verify with the official source above or a family law attorney licensed in North Dakota before making decisions.