State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | North Dakota | Texas |
|---|---|---|
| Support term | spousal support | spousal maintenance |
| Formula profile | need-based | limited-cap |
| Property system | equitable | community |
| Legal framework | Temporary support may be awarded while the divorce case is pending to address immediate needs. Final spousal support is governed by N.D. Cent. Code § 14-05-24.1, while property division is governed separately by § 14-05-24. | Temporary support may be awarded during the divorce proceeding under the court's equitable powers. Post-divorce spousal maintenance is governed by Chapter 8 of the Texas Family Code and is available only when specific statutory eligibility requirements are met. |
| Statute citation | N.D. Cent. Code § 14-05-24.1; N.D. Cent. Code § 14-05-24 | Texas Family Code Chapter 8 (§§ 8.001-8.305) |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
North Dakota and Texas calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between North Dakota and Texas. This is educational, not a court prediction.
Conservative educational estimate based on reasonable need, ability to pay without undue hardship, income disparity, marital standard of living, property division, earning ability, marriage length, health, and statutory factors; no mandatory amount formula applies.
$1,467/mo
Planning range: $954-$1,980/mo
Duration: About 11 years
North Dakota relies heavily on court discretion or limited eligibility rules, so this estimate should be treated as a broad planning range.
Conservative educational estimate based on minimum reasonable need and ability to pay, capped at the lesser of $5,000 per month or 20% of payer gross monthly income.
$680/mo
Planning range: $544-$816/mo
Duration: 10 to under 20 years
North Dakota: North Dakota does not use a mathematical formula for spousal support amount, but current law provides statutory threshold findings and duration limits. The court may not award permanent spousal support. It may award limited-term support only if the recipient lacks sufficient property or income to meet reasonable needs considering the marital standard of living, and the payor can provide support without undue economic hardship. Texas: Texas is a strict limited-eligibility maintenance state. Court-ordered spousal maintenance is not automatic and is available only if the requesting spouse lacks sufficient property to meet minimum reasonable needs and satisfies a statutory eligibility ground. Texas has no formula for the actual award amount, but it has a hard statutory maximum of the lesser of $5,000 per month or 20% of payer gross monthly income.
North Dakota: North Dakota duration limits are tied to marriage length unless the court makes written findings that deviation is necessary. For marriages under 5 years, support is generally up to 50% of the marriage length. For 5 to 10 years, up to 60%. For 10 to 15 years, up to 70%. For 15 to 20 years, up to 80%. For 20 years or more, duration is as agreed by the parties or for a limited time determined by the court. Support generally terminates on the recipient's remarriage or death unless otherwise agreed, may terminate for qualifying cohabitation, and has a rebuttable retirement-age termination presumption. Texas: Texas generally requires maintenance to last only for the shortest reasonable period that allows the recipient to earn enough income to meet minimum reasonable needs. Maximum duration is generally 5 years for family-violence eligibility cases or marriages of at least 10 but less than 20 years, 7 years for marriages of at least 20 but less than 30 years, and 10 years for marriages of 30 years or more. Maintenance based on the recipient's disability or care of a disabled child may continue as long as the qualifying condition continues, subject to review.
North Dakota: Rehabilitative support may be modified if a material change in circumstances occurs during the rehabilitative period. General term support may be modified upon a material change in circumstances, while lump-sum support is not modifiable after judgment. Texas: A maintenance order may be modified upon a material and substantial change in circumstances affecting either party. Any modified award remains subject to Texas statutory caps and limitations.
North Dakota uses the term spousal support and now limits awards to statutory categories rather than permanent alimony. Courts may award rehabilitative, general term, or lump-sum spousal support when statutory findings justify the award. The state does not use a mandatory mathematical formula.
Eligibility: A spouse may qualify if the court expressly finds that the recipient lacks sufficient property or income to meet reasonable needs considering the marital standard of living. The court must also find that the payer has sufficient property or income to provide support, or that rehabilitative, general term, or lump-sum support is justified under the statute. Eligibility is not automatic and depends on express findings.
Texas uses the term spousal maintenance for court-ordered post-divorce support and imposes some of the nation's strictest eligibility requirements. Unlike many states, support is not presumed based solely on income disparity, and a spouse must first satisfy statutory eligibility thresholds before a court considers amount and duration.
Eligibility: A spouse generally must lack sufficient property after divorce to provide for minimum reasonable needs and satisfy at least one statutory ground. Common grounds include a marriage lasting 10 years or more combined with inability to earn sufficient income, a disabling condition, caregiving responsibilities for a disabled child, or recent family violence by the other spouse. The spouse seeking maintenance bears the burden of proving eligibility.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
