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ND HB1037

Bill

Status

Passed

3/31/2023

Primary Sponsor

Legislative Management

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Eliminates permanent spousal support in North Dakota; courts may only award spousal support for limited periods upon finding the recipient lacks sufficient income or property and the payor can provide support without undue hardship.

  • Establishes three types of limited spousal support: rehabilitative (to restore independence), general term (for non-rehabilitable spouses), and lump sum (as marital property adjustment).

  • Sets maximum duration limits based on marriage length: up to 50% of marriage duration for marriages under 5 years, increasing to 80% for 15-20 year marriages, and court-determined duration for marriages of 20+ years.

  • Spousal support terminates upon remarriage, death, one year of cohabitation in a marriage-like relationship, or the payor's attainment of full social security retirement age (with rebuttable presumption allowing continuation based on nine specified factors).

  • Effective August 1, 2023, applying only to divorce or legal separation actions filed on or after that date.

Legislative Description

Spousal support; and to provide for application.

Last Action

Filed with Secretary Of State 04/03

4/4/2023

Committee Referrals

Judiciary2/13/2023
Judiciary2/13/2023
Judiciary1/3/2023

Full Bill Text

No bill text available