Updated September 3, 2026. Quick answer: North Dakota statutorily forbids permanent spousal support, caps duration by a formula tied to marriage length, and creates a rebuttable presumption that support ends once the paying spouse reaches Social Security full retirement age.
The rule that changes the answer in North Dakota
Under N.D. Cent. Code § 14-05-24.1: “The court may not award permanent spousal support.”
“There is a rebuttable presumption that spousal support terminates upon the payor’s attaining full retirement age for social security purposes. The rebuttable presumption may be overcome if the court determines spousal support should continue based on the following factors: a. The ages of the parties at the time of the marriage, the time of the entry of the spousal support award, and the time of the application for retirement; b. The degree and duration of the economic dependency of the recipient upon the payor during the marriage; c. Whether the recipient has foregone, relinquished, or otherwise sacrificed claims, rights, or property in exchange for a more substantial or longer spousal support award; d. The duration or amount of spousal support already paid; e. The health of the parties at the time of the retirement application; f. Assets of the parties at the time of the retirement application; g. Sources of income, both earned and unearned, of the parties, including whether the payor spouse intends to continue employment; h. The ability of the recipient to have saved adequately for retirement; and i. Any other factors the court deems relevant.”
What this means for duration
Duration cap by marriage length (absent written findings that deviation is necessary): less than 5 years, up to 50% of the months of marriage; 5 to 10 years, up to 60%; 10 to 15 years, up to 70%; 15 to 20 years, up to 80%; 20 years or more, duration agreed by the parties or a limited time set by the court.
Why this matters for a later-life divorce
This is one of the few state statutes with an explicit Social-Security-retirement-age termination presumption, directly on point for a later-life divorce where one spouse is approaching or past full retirement age.
Read it yourself
Read the full official text before relying on any figure here. Alimony law is fact-specific and this rule is only one input to a court’s decision, not a guaranteed outcome. This is a source-backed planning guide, not individualized legal advice.
Read directly from the raw official PDF text (not an AI-summarized fetch) at ndlegis.gov, the North Dakota Legislative Branch’s own Century Code host.
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