Markegard v. Willoughby

Citations

• 2019 ND 170
• 930 N.W.2d 108

Syllabus

A party moving to terminate spousal support under N.D.C.C. § 14-05-24.1(3) has the initial burden to prove habitual cohabitation for a period of one year or more, and the party opposing the motion has the burden to prove any exceptions apply. A spousal support provision of a marital termination agreement entered into after N.D.C.C. § 14-05-24.1(3) became effective that does not include language stating spousal support will continue even if the receiving spouse cohabits does not preclude termination of spousal support under the statute. The district court has discretion in deciding when a spousal support obligation will terminate if the court finds the spouse receiving support is habitually cohabiting.