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ND HB1037
Bill
Status
3/31/2023
Primary Sponsor
Legislative Management
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AI Summary
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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.
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Establishes three types of limited spousal support: rehabilitative (to restore independence), general term (for non-rehabilitable spouses), and lump sum (as marital property adjustment).
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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.
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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).
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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