Klein v. Klein, 882 N.W.2d 296

Scott and Janis Klein divorced in 2009; the divorce judgment awarded Janis permanent spousal support of $4,500/month until death or remarriage.
North Dakota enacted N.D.C.C. § 14-05-24.1(3), effective August 1, 2015, terminating permanent spousal support when the supported spouse habitually cohabitates in a marriage-like relationship for one year.
On August 19, 2015, Scott moved to terminate Janis’s spousal support under § 14-05-24.1(3), alleging she had cohabitated for at least one year prior to that date.
Janis argued the statute does not apply to cohabitation that occurred before August 1, 2015 (i.e., the statute is not retroactive).
The district court held the statute is prospective only, considered only cohabitation after August 1, 2015, and (assuming without finding cohabitation) concluded Janis had not met the one-year requirement as of August 19, 2015; the court denied Scott’s motion.
The Supreme Court affirmed, focusing solely on whether the statute may be applied to pre-effective-date cohabitation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether N.D.C.C. § 14-05-24.1(3) may be applied to cohabitation that occurred before its Aug 1, 2015 effective date	Janis: statute is not retroactive; cannot attach new consequences to past conduct	Scott: applying the law at time of his motion is prospective—he may rely on ongoing antecedent cohabitation to meet the one-year threshold	The statute is prospective only; it does not apply to cohabitation that occurred before Aug 1, 2015, so Scott failed to meet the one-year requirement as of his Aug 19, 2015 motion

Cermak v. Cermak, 569 N.W.2d 280 (N.D. 1997) (cohabitation alone did not warrant termination of permanent spousal support before statutory change)
State v. Flatt, 733 N.W.2d 608 (N.D. 2007) (statute is retroactive if it attaches new legal consequences to past matters)
Lentz v. Spryncznatyk, 708 N.W.2d 859 (N.D. 2006) (statute applied prospectively where the triggering event occurred after the statute’s effective date)
Glaspie v. Little, 564 N.W.2d 651 (N.D. 1997) (statute not retroactive when current status after effective date triggered application)
State v. Haverluk, 432 N.W.2d 871 (N.D. 1988) (increased penalties for repeat offenses applied prospectively where subsequent offense triggered penalty)
Baker v. Baker, 566 N.W.2d 806 (N.D. 1997) (factors trial courts may consider in determining whether cohabitation is analogous to marriage)