North Dakota Alimony Calculator (2026)
North Dakota courts apply the Ruff‑Fischer factors outlined in N.D.C.C. § 14‑05‑24.1, favoring rehabilitative support and reserving permanent alimony for long marriages with lasting disadvantage. This calculator provides a rule‑of‑thumb estimate—not a legal determination—based on those guidelines.
Reviewed 2026-09-02 · Estimates only — not legal or financial advice.
How North Dakota calculates it
- Identify the higher‑earning spouse’s annual gross income and calculate 30% of that amount.
- Identify the lower‑earning spouse’s annual gross income and calculate 20% of that amount.
- Subtract the lower‑earner amount from the higher‑earner amount to get a preliminary support figure.
- Apply the cap so the recipient’s total income does not exceed 40% of the combined income of both spouses.
- Determine the duration using the marriage length: 30% of months if under 3 years, 50% if 3–10 years, 75% if 10–20 years, and indefinite if over 20 years.
Worked example
In a 12‑year marriage where the higher earner makes $100,000 per year and the lower earner makes $40,000, the rule‑of‑thumb calculates 30% × $100,000 = $30,000 and 20% × $40,000 = $8,000; the difference is $22,000 per year, which is reduced to $16,000 by the 40% cap, roughly $1,333 per month as a starting point. For duration, the 12‑year marriage falls in the 10–20‑year bracket, so the guide suggests 75% of 144 months, about 108 months of support. The court is not bound by any of this.
Frequently asked questions
How does North Dakota decide if a spouse is eligible for alimony?
Eligibility is decided case‑by‑case under the Ruff‑Fischer factors in N.D.C.C. § 14‑05‑24.1; there is no statutory formula, and courts weigh need, ability to pay, and the marriage’s circumstances.
Is alimony taxable in North Dakota?
Alimony received after 2018 is not taxable to the recipient and is not deductible by the payer, following the federal tax treatment that North Dakota follows.
Can a short‑duration marriage still result in alimony?
Even marriages under three years can receive limited support; the rule‑of‑thumb suggests 30% of the marriage length for duration, but courts may award support based on need and the Ruff‑Fischer factors.
What is the maximum support amount under the rule‑of‑thumb?
The amount is capped so the recipient’s total income does not exceed 40% of the combined income of both spouses.
Have North Dakota alimony guidelines changed recently?
No statutory formula has been adopted; courts continue to rely on the Ruff‑Fischer case law factors, so the underlying guidelines remain consistent.
Is the calculation different in Fargo, Bismarck or Grand Forks?
No. N.D.C.C. § 14-05-24.1 applies statewide, so courts in Fargo, Bismarck, Grand Forks and every other county start from the same guideline. Local practice can differ in how judges weigh deviation factors and in typical negotiated outcomes, but the formula on this page is the one used across North Dakota.
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