Ruff-Fischer factors in North Dakota

2022Woodward v. Woodward, 2013 ND 58, ¶ 4 , 830 N.W.2d 82 (quoting Duff v. Kearns-Duff, 2010 ND 247, ¶ 14 , 792 N.W.2d 916 ).

2022Woodward v. Woodward, 2013 ND 58, ¶ 4 , 830 N.W.2d 82 (quoting Duff v. Kearns-Duff, 2010 ND 247, ¶ 14 , 792 N.W.2d 916 ).

2022Woodward v. Woodward, 2013 ND 58, ¶ 4 , 830 N.W.2d 82 (quoting Duff v. Kearns-Duff, 2010 ND 247, ¶ 14 , 792 N.W.2d 916 ).

2022Woodward v. Woodward, 2013 ND 58, ¶ 4 , 830 N.W.2d 82 (quoting Duff v. Kearns-Duff, 2010 ND 247, ¶ 14 , 792 N.W.2d 916 ).

2022Quamme v. Quamme, 2021 ND 208, ¶ 14 , 967 N.W.2d 452 (quoting Orwig v. Orwig, 2021 ND 33, ¶ 35 , 955 N.W.2d 34 ); Ruff v. Ruff, 52 N.W.2d 107 (N.D. 1952); Fischer v. Fischer, 139 N.W.2d 845 (N.D. 1966).

2022Quamme v. Quamme, 2021 ND 208, ¶ 14 , 967 N.W.2d 452 (quoting Orwig v. Orwig, 2021 ND 33, ¶ 35 , 955 N.W.2d 34 ); Ruff v. Ruff, 52 N.W.2d 107 (N.D. 1952); Fischer v. Fischer, 139 N.W.2d 845 (N.D. 1966).

2022Holm v. Holm, 2017 ND 96, ¶ 4 , 893 N.W.2d 492 (internal citations omitted). [¶7] In making its distribution, the district court considers the Ruff-Fischer factors, which include: The respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marri

2022Holm v. Holm, 2017 ND 96, ¶ 4 , 893 N.W.2d 492 (internal citations omitted). [¶7] In making its distribution, the district court considers the Ruff-Fischer factors, which include: The respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marri

2011Paulson, at ¶¶ 9, 11. “ ‘Questions of property division and spousal support cannot be considered separately or in a vacuum, but ordinarily must be examined and dealt with together, especially when there is a large difference in earning power between the spouses.’” Reineke v. Reineke, 2003 ND 167, ¶ 7 , 670 N.W.2d 841 (quoting Sommers v. Sommers, 2003 ND 77, ¶ 15 , 660 N.W.2d 586 ). [¶ 26] Here, the court considered the Ruff-Fischer factors, Sharrie Stephenson’s need for spousal support, and Daniel Stephenson’s ability to pay.

2011Paulson, at ¶¶ 9, 11. “ ‘Questions of property division and spousal support cannot be considered separately or in a vacuum, but ordinarily must be examined and dealt with together, especially when there is a large difference in earning power between the spouses.’” Reineke v. Reineke, 2003 ND 167, ¶ 7 , 670 N.W.2d 841 (quoting Sommers v. Sommers, 2003 ND 77, ¶ 15 , 660 N.W.2d 586 ). [¶ 26] Here, the court considered the Ruff-Fischer factors, Sharrie Stephenson’s need for spousal support, and Daniel Stephenson’s ability to pay.

2010While the district court did not place specific weight on each of the factors it considered, “North Dakota law does not mandate a set formula or method to determine how marital property is to be divided; rather, the division is based on the particular circumstances of each case.” Wagner v. Wagner, 2007 ND 101, ¶ 11 , 733 N.W.2d 593 (quoting Holden v. Holden, 2007 ND 29, ¶ 10 , 728 N.W.2d 312 ). [¶ 11] The district court heard testimony regarding June Hunt’s arson and the damage she inflicted on Brett Hunt’s vehicle.

2010While the district court did not place specific weight on each of the factors it considered, “North Dakota law does not mandate a set formula or method to determine how marital property is to be divided; rather, the division is based on the particular circumstances of each case.” Wagner v. Wagner, 2007 ND 101, ¶ 11 , 733 N.W.2d 593 (quoting Holden v. Holden, 2007 ND 29, ¶ 10 , 728 N.W.2d 312 ). [¶ 11] The district court heard testimony regarding June Hunt’s arson and the damage she inflicted on Brett Hunt’s vehicle.

2022The district court is “not required to complete a calculation to ensure each party’s assets, debts, and expenses are accounted for in determining spousal support; however, a clear description of the financial situation of each party is helpful for this Court in understanding the district court’s rationale in awarding spousal support.” Id. (quoting Berg v. Berg, 2018 ND 79, ¶ 11 , 908 N.W.2d 705 ). 2 The goal of spousal support “is not minimal self-sufficiency, but ‘adequate self- support after considering the standard of living established during the marriage, the duration of the marriage, the

2013The goal of spousal support in North Dakota is not minimal self-sufficiency, but “adequate self-support after considering the standard of living established during the marriage, the duration of the marriage, the parties’ earning capacities, the value of the property and other Ruff-Fischer factors.” Moilan v. Moilan, 1999 ND 103, ¶ 15 , 598 N.W.2d 81 .

2022The district court is “not required to complete a calculation to ensure each party’s assets, debts, and expenses are accounted for in determining spousal support; however, a clear description of the financial situation of each party is helpful for this Court in understanding the district court’s rationale in awarding spousal support.” Id. (quoting Berg v. Berg, 2018 ND 79, ¶ 11 , 908 N.W.2d 705 ). 2 The goal of spousal support “is not minimal self-sufficiency, but ‘adequate self- support after considering the standard of living established during the marriage, the duration of the marriage, the

2013The goal of spousal support in North Dakota is not minimal self-sufficiency, but “adequate self-support after considering the standard of living established during the marriage, the duration of the marriage, the parties’ earning capacities, the value of the property and other Ruff-Fischer factors.” Moilan v. Moilan, 1999 ND 103, ¶ 15 , 598 N.W.2d 81 .

2014Van Klootwyk v. Van Klootwyk , 1997 ND 88, ¶ 14 , 563 N.W.2d 377 . [¶43] In conducting the Ruff-Fischer analysis, the court made a number of findings, including that the parties had a long-term marriage; that almost everything of value was accumulated during the marriage, including Wayne’s Electric and Schiele Mobility; that Trista Conzemius currently receives a base salary of $63,310 per year, very close to what Chad Conzemius is estimated to make through his work as an electrician; that the parties are close in age, and health is not a major concern for either party; that there is no reason

2014Van Klootwyk v. Van Klootwyk , 1997 ND 88, ¶ 14 , 563 N.W.2d 377 . [¶43] In conducting the Ruff-Fischer analysis, the court made a number of findings, including that the parties had a long-term marriage; that almost everything of value was accumulated during the marriage, including Wayne’s Electric and Schiele Mobility; that Trista Conzemius currently receives a base salary of $63,310 per year, very close to what Chad Conzemius is estimated to make through his work as an electrician; that the parties are close in age, and health is not a major concern for either party; that there is no reason

2011Paulson, at ¶¶ 9, 11. “ ‘Questions of property division and spousal support cannot be considered separately or in a vacuum, but ordinarily must be examined and dealt with together, especially when there is a large difference in earning power between the spouses.’” Reineke v. Reineke, 2003 ND 167, ¶ 7 , 670 N.W.2d 841 (quoting Sommers v. Sommers, 2003 ND 77, ¶ 15 , 660 N.W.2d 586 ). [¶ 26] Here, the court considered the Ruff-Fischer factors, Sharrie Stephenson’s need for spousal support, and Daniel Stephenson’s ability to pay.

2011Paulson, at ¶¶ 9, 11. “ ‘Questions of property division and spousal support cannot be considered separately or in a vacuum, but ordinarily must be examined and dealt with together, especially when there is a large difference in earning power between the spouses.’” Reineke v. Reineke, 2003 ND 167, ¶ 7 , 670 N.W.2d 841 (quoting Sommers v. Sommers, 2003 ND 77, ¶ 15 , 660 N.W.2d 586 ). [¶ 26] Here, the court considered the Ruff-Fischer factors, Sharrie Stephenson’s need for spousal support, and Daniel Stephenson’s ability to pay.

2008Christianson v. Christianson, 2003 ND 186, ¶ 17 , 671 N.W.2d 801 . [¶ 17] In awarding spousal support of $500 per month for sixty months to Brenda Overland, the district court focused on two of the Ruff-Fischer factors: (1) when and how the property was accumulated; and (2) attitude of the parties toward the property. [¶ 18] Regarding the first factor, the court found: Brenda entered into this marriage with money in the bank, retirement assets, and no debt.

2008Christianson v. Christianson, 2003 ND 186, ¶ 17 , 671 N.W.2d 801 . [¶ 17] In awarding spousal support of $500 per month for sixty months to Brenda Overland, the district court focused on two of the Ruff-Fischer factors: (1) when and how the property was accumulated; and (2) attitude of the parties toward the property. [¶ 18] Regarding the first factor, the court found: Brenda entered into this marriage with money in the bank, retirement assets, and no debt.

2025“While the origin of property must be considered, there is no requirement to set property aside for a spouse who brings property into a marriage.” Id. [¶23] Kyle Shively, citing other states as authority, argues the Ruff-Fischer factors fail to specifically consider “the emotional and sentimental attachments that a party has to property” but argues it is inherently built into the spirit of the Ruff- Fischer factors.

2025“While the origin of property must be considered, there is no requirement to set property aside for a spouse who brings property into a marriage.” Id. [¶23] Kyle Shively, citing other states as authority, argues the Ruff-Fischer factors fail to specifically consider “the emotional and sentimental attachments that a party has to property” but argues it is inherently built into the spirit of the Ruff- Fischer factors.

2023Berdahl, 2022 ND 136, ¶ 7 . “[T]he Ruff-Fischer guidelines allow a district court to consider the parties’ conduct during the marriage, including fault.” Swanson, 2019 ND 25, ¶ 12 . “[B]oth economic and noneconomic fault are proper factors for the trial court to consider[.]” Hitz, 2008 ND 58, ¶ 15 (quoting McDowell v. McDowell, 2001 ND 176, ¶ 6 , 635 N.W.2d 139 ).

2023Berdahl, 2022 ND 136, ¶ 7 . “[T]he Ruff-Fischer guidelines allow a district court to consider the parties’ conduct during the marriage, including fault.” Swanson, 2019 ND 25, ¶ 12 . “[B]oth economic and noneconomic fault are proper factors for the trial court to consider[.]” Hitz, 2008 ND 58, ¶ 15 (quoting McDowell v. McDowell, 2001 ND 176, ¶ 6 , 635 N.W.2d 139 ).

2023Berdahl, 2022 ND 136, ¶ 7 . “[T]he Ruff-Fischer guidelines allow a district court to consider the parties’ conduct during the marriage, including fault.” Swanson, 2019 ND 25, ¶ 12 . “[B]oth economic and noneconomic fault are proper factors for the trial court to consider[.]” Hitz, 2008 ND 58, ¶ 15 (quoting McDowell v. McDowell, 2001 ND 176, ¶ 6 , 635 N.W.2d 139 ).

2023Berdahl, 2022 ND 136, ¶ 7 . “[T]he Ruff-Fischer guidelines allow a district court to consider the parties’ conduct during the marriage, including fault.” Swanson, 2019 ND 25, ¶ 12 . “[B]oth economic and noneconomic fault are proper factors for the trial court to consider[.]” Hitz, 2008 ND 58, ¶ 15 (quoting McDowell v. McDowell, 2001 ND 176, ¶ 6 , 635 N.W.2d 139 ).

2022Quamme v. Quamme, 2021 ND 208, ¶ 14 , 967 N.W.2d 452 (quoting Orwig v. Orwig, 2021 ND 33, ¶ 35 , 955 N.W.2d 34 ); Ruff v. Ruff, 52 N.W.2d 107 (N.D. 1952); Fischer v. Fischer, 139 N.W.2d 845 (N.D. 1966).

2022Quamme v. Quamme, 2021 ND 208, ¶ 14 , 967 N.W.2d 452 (quoting Orwig v. Orwig, 2021 ND 33, ¶ 35 , 955 N.W.2d 34 ); Ruff v. Ruff, 52 N.W.2d 107 (N.D. 1952); Fischer v. Fischer, 139 N.W.2d 845 (N.D. 1966).

2022Woodward v. Woodward, 2013 ND 58, ¶ 4 , 830 N.W.2d 82 (quoting Duff v. Kearns-Duff, 2010 ND 247, ¶ 14 , 792 N.W.2d 916 ).

2013To determine whether spousal support is appropriate, the court considers the Ruff-Fischer factors, which include: “the respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.” Woodward, 2013 N

2021I agree that depletion or dissipation of property is a factor to consider when applying the Ruff-Fischer factors and the parties’ needs versus ability to pay, but it should not be used as a rule to foreclose the possibility of a finding need or a finding ability to pay. [¶25] In Hagel, cited by the majority, the district court found one party had a need for support, but denied spousal support because that party also received an equal distribution of property, much of which was cash that was available to her. 2006 ND 181, ¶ 14 .

2021I agree that depletion or dissipation of property is a factor to consider when applying the Ruff-Fischer factors and the parties’ needs versus ability to pay, but it should not be used as a rule to foreclose the possibility of a finding need or a finding ability to pay. [¶25] In Hagel, cited by the majority, the district court found one party had a need for support, but denied spousal support because that party also received an equal distribution of property, much of which was cash that was available to her. 2006 ND 181, ¶ 14 .

2021Id. (quoting Knudson v. Knudson, 2018 ND 199, ¶ 11 , 916 N.W.2d 793 ). [¶36] We have said permanent spousal support is appropriate when a spouse cannot be rehabilitated or to equalize the burdens of divorce.

2021Id. (quoting Knudson v. Knudson, 2018 ND 199, ¶ 11 , 916 N.W.2d 793 ). [¶36] We have said permanent spousal support is appropriate when a spouse cannot be rehabilitated or to equalize the burdens of divorce.

2010While the district court did not place specific weight on each of the factors it considered, “North Dakota law does not mandate a set formula or method to determine how marital property is to be divided; rather, the division is based on the particular circumstances of each case.” Wagner v. Wagner, 2007 ND 101, ¶ 11 , 733 N.W.2d 593 (quoting Holden v. Holden, 2007 ND 29, ¶ 10 , 728 N.W.2d 312 ). [¶ 11] The district court heard testimony regarding June Hunt’s arson and the damage she inflicted on Brett Hunt’s vehicle.

2010While the district court did not place specific weight on each of the factors it considered, “North Dakota law does not mandate a set formula or method to determine how marital property is to be divided; rather, the division is based on the particular circumstances of each case.” Wagner v. Wagner, 2007 ND 101, ¶ 11 , 733 N.W.2d 593 (quoting Holden v. Holden, 2007 ND 29, ¶ 10 , 728 N.W.2d 312 ). [¶ 11] The district court heard testimony regarding June Hunt’s arson and the damage she inflicted on Brett Hunt’s vehicle.