North Dakota Divorce Property Division

What the Law Says

North Dakota courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

North Dakota's §14-05-24 directs an equitable distribution of the parties' property and debts but enumerates no factors — the working framework is the judge-made Ruff-Fischer guidelines, under which courts weigh the respective ages of the parties; their earning ability; the duration of the marriage; the conduct of the parties during the marriage; their station in life; the circumstances and necessities of each; their health and physical condition; and the property's value, its income-producing capacity, and whether it was accumulated before or after the marriage. The statute adds valuation-date rules, a social-security offset computation for certain government pensions, and post-judgment redistribution for undisclosed assets. There is no statutory presumption of equal division; the equal starting point applied in long marriages is case law.

Division Factors (N.D. Cent. Code §14-05-24)

What North Dakota courts weigh:

1. Respective ages of the parties (Ruff-Fischer guideline — N.D. case law; §14-05-24 enumerates no factors)
2. Earning ability of each party (Ruff-Fischer guideline)
3. Duration of the marriage (Ruff-Fischer guideline)
4. Conduct of the parties during the marriage (Ruff-Fischer guideline)
5. Station in life of the parties (Ruff-Fischer guideline)
6. Circumstances and necessities of each party (Ruff-Fischer guideline)
7. Health and physical condition of the parties (Ruff-Fischer guideline)
8. Value of the property, its income-producing capacity, and whether it was accumulated before or after the marriage (Ruff-Fischer guideline)

Common Questions