Parisien v. Parisien
Supreme Court of North Dakota
779 N.W.2d 130 (S.D. 2010)
At the time of divorce, Ronald earned $63,350 annually while Jill, limited by diabetes to no more than 40 hours of work weekly, earned only $24,000 and had reached her earning capacity ceiling; the trial court also considered Ronald's adultery and criminal conduct during the marriage in awarding Jill permanent support and the majority of marital assets.
Whether, in awarding spousal support, a court must consider all relevant factors, including the needs of the spouse seeking support, the supporting spouse's needs and ability to pay, the duration of the marriage, as well as the spouses' age, earning capacity, conduct during the marriage, station in life, health and physical condition, and financial circumstances.