North Dakota Marital Property Laws

In North Dakota, all property acquired during a marriage becomes marital property. Like most other states, North Dakota is an equitable distribution state. During a divorce or legal separation, courts divide marital property according to each party's financial needs and contribution to the marriage.

Each state has its own laws regarding property distribution in a divorce case. A few states are community property states. In these states, courts divide marital property 50/50 between spouses.

North Dakota law gives judges discretion to divide marital assets based on a set of guidelines known as the "Ruff-Fischer Guidelines." Although these guidelines aren’t part of North Dakota statutes, they have become part of the divorce process through regular use.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Marital Property vs. Separate Property

Marital property consists of everything acquired during the marriage. North Dakota courts have not codified a definition of marital property but rely on case law (Heinz vs. Heinz, 2001 ND 147, ¶5, 632 N.W.2d. 443). The marital estate includes the family home and also:

• Joint bank accounts and investment accounts

• Retirement accounts, pension plans, and 401(k)s

• Vehicles and other high-value property, regardless of the name on the title

• Appreciation on any property, regardless of the contribution of each spouse

• Gifts and inheritances from third parties to either spouse

There are no separate or non-marital assets during a marriage (Berg vs. Berg, 490 N.W.2d. 487, 492 (N.D. 1992). The only separate property a party can claim are wages or other income, future inheritances, and assets excluded by a prenuptial agreement.

Assets acquired before the marriage are not subject to property division as long as it’s clear who purchased or acquired them. Prenuptial agreements or other written arrangements can protect this property in the event of a divorce.

See FindLaw's Divorce and Property section for additional articles and helpful resources.

North Dakota Marital Property Laws

Under North Dakota's equitable division rules, judges use the "Ruff-Fischer Guidelines" to divide property. These guidelines come from two state divorce cases (Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107, 111 (1952) and Fischer v. Fischer, 139 N.W.2d 845, 852 (N.D. 1966)) that established the basis for equitable division of property.

If the parties reach their own division of property, courts generally grant the agreement unless it’s grossly unfair to one party.

The Ruff-Fischer Guidelines include:

• The ages of the parties

• The length of the marriage

• The health and physical condition of the parties

• The parties' earning ability and financial circumstances

• Current level of income and standard of living

• Any other material facts that will aid the judge in making a determination

Judges assess and divide marital debt the same way they divide marital assets. Because divorce proceedings are equitable and fair rather than equal, judges may assign debts to the party who acquired them rather than both parties. For instance, if one spouse ran up a credit card debt on personal items without the other's knowledge, a judge might give that debt entirely to the debtor spouse.

Child support, alimony, and other spousal support issues are separate from property division.

Research the Law

• North Dakota Law

• Official State Codes - Links to online statutes in all 50 states and D.C.

North Dakota Marital Property Laws: Related Resources

• Marriage, Money, and Property

• North Dakota Legal Divorce Requirements

• North Dakota Child Custody Laws

• Divorce Property Division FAQ

• Guide to Property Division in Divorce (PDF, printable pamphlet)

• Find a Divorce Attorney

Get Legal Advice From a North Dakota Family Law Attorney

Property division is deceptively simple in North Dakota. Couples facing divorce need legal advice to protect their property rights. Even if you're not looking at separation, you should get legal advice from an experienced North Dakota divorce attorney for information on prenuptial agreements and other marital protections.