North Dakota Century Code

N.D. Cent. Code § 14-07-03 (2026)

Duty to support

✓ current as of May 2026
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The husband and wife have a mutual duty to support each other out of their individual property and labor.

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Notes of Decisions
Cited in 15 cases, 1966–2020 · leading case: Sailer v. Sailer, 2009 ND 73 (N.D. 2009).
Sailer v. Sailer, 2009 ND 73 (N.D. 2009). · cites it 8× “" By supporting Sandra Sailer throughout their marriage, Curtis Sailer complied with N.D.C.C. § 14-07-03. Compliance with this statutory mandate does not establish a waiver of the provisions of paragraph seven of the prenuptial agreement.”
Bingert v. Bingert, 247 N.W.2d 464 (N.D. 1976). · cites it 7× “) is unconstitutional because it is based necessarily, in part, upon the statute as to support during marriage (§ 14-07-03, N.D.C.C.) which contains an impermissible discrimination based upon sex.”
Wiege v. Wiege, 518 N.W.2d 708 (N.D. 1994). · cites it 4× “See NDCC § 14-07-03. As Professor O'Kelly observes, when support was awarded to wives as a continuation of the duty to support and maintain wives during marriage, it made good sense to terminate the duty when the wife remarried and the new husband assumed the duty of support.”
Toni v. Toni, 2001 ND 193 (N.D. 2001). · cites it 4× “as to the court may seem just, having regard to the circumstances of the parties respectively.”
Cermak v. Cermak, 1997 ND 187 (N.D. 1997). · cites it 2× “§ 14-07-01 (1991) (providing husband and wife owe a mutual obligation of respect, fidelity, and support), and N.D.C.C. § 14-07-03 (1991) *284 (stating that husband and wife have a mutual duty to support each other).”
Est. of Lindvig, 2020 ND 236 (N.D. 2020). · cites it 4× “” Yet the order concludes Dorothy Lindvig “held a marital interest in and to the land assets titled in the name of her husband Ralph Lindvig” and the transfers “reflected Dorothy Jo Lindvig’s interest in their joint marital estate.”
Am. Stand. Life & Accident Ins. Co. v. Speros, 494 N.W.2d 599 (N.D. 1993). · cites it 2× “Except as otherwise provided by section 14-07-03, neither the husband nor the wife has any interest in the property of the other, but neither can be excluded from the other’s dwelling.”
Johnson v. Davis, 140 N.W.2d 703 (N.D. 1966). · cites it 4× “1905 (now Section 14-07-03, N.D. C.C. 1 ) when coupled with Section 4078, R.”
Hultberg v. Hultberg, 281 N.W.2d 569 (N.D. 1979). · cites it 4× “Section 14-07-03, N.D.C.C., is inapposite.”
Bellon v. Bellon, 237 N.W.2d 163 (N.D. 1975). · cites it 2× “Section 14-07-04, NDCC, which is not a part of the North Dakota divorce laws, provides: *165 “Except as otherwise provided by section 14-07-03 [relating to duty to support], neither the husband nor the wife has any interest in the property of the other, but neither can be…”
State of Minn., Cnty. of Clay, Etc. v. Doty, 326 N.W.2d 74 (N.D. 1982). “…[7] Doty points to the following statutory support obligations: § 14-07-01 [husband's obligation to support wife], § 14-07-03 [husband's duty to support himself and his wife], § 14-07-10 [husband liable for wife's necessaries], § 14-07-15 [penalty for nonsupport of child],…”
In Re Est. of Sorenson, 2006 ND 145 (N.D. 2006). · cites it 2× “See N.D.C.C. § 14-07-03. In Jangula v. Jangula, 2005 ND 203, ¶¶ 13-16 , 706 N.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.