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North Dakota ND AI draft

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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under North Dakota law:

  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)

Statute / Authority

Citation: N.D. Cent. Code §14-05-24 ↗

Source: https://www.ndlegis.gov/cencode/

Source & verification AI draft
Citation
N.D. Cent. Code §14-05-24
Source URL
https://www.ndlegis.gov/cencode/
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Reference Library

North Dakota Property Division

North Dakota Cent. Code §14-05-24 grants broad authority to make an equitable distribution of the parties' property and debts; the statute lists no factors, so courts apply the Ruff-Fischer guidelines from case law: the parties' ages, earning ability, the duration of the marriage, conduct during the marriage, station in life, circumstances and necessities, health, and the property's value, income-producing capacity, and origin before or after the marriage. The statute supplies valuation-date rules and allows reopening for undisclosed assets. Equal division in long marriages is a case-law starting point, not a statutory presumption.

Citation: N.D. Cent. Code §14-05-24

Source: https://www.ndlegis.gov/cencode/

Last updated: 2026-07-23T00:37:19.774215

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