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. The statute lists specific factors the court must weigh.
North Dakota courts divide marital property equitably, considering the Ruff-Fischer guidelines established by the North Dakota Supreme Court along with statutory authority.
Statutory Factors (N.D. Cent. Code §14-05-24)
North Dakota courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
North Dakota: community property or equitable distribution?
Equitable distribution. Under N.D. Cent. Code §14-05-24, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a North Dakota court weigh?
N.D. Cent. Code §14-05-24 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does North Dakota split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs North Dakota's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: N.D. Cent. Code §14-05-24 AI draft · Full law library entry