South Dakota Alimony and Spousal Support Laws
South Dakota courts allow for spousal support, also called alimony, awards where it would make a divorce more equitable. The court will look at all the surrounding circumstances and make decisions on a case-by-case basis.
Types of Spousal Support
- Temporary – granted if needed during the period prior to final divorce.
- Short-Term – granted as needed for a spouse to gain education and training to allow the party to prepare for reentry into the job market.
- Long-Term or Permanent – granted as needed, especially in the case of a lengthy marriage during which one spouse contributed to the career or education of the other.
Who is Eligible for Alimony in South Dakota
Either party to a divorce may seek alimony in South Dakota. The court will determine whether to award alimony, amount and duration based on the interests of justice and the situations of the parties.
South Dakota Alimony Guidelines (Factors for Awarding Alimony)
A South Dakota court may consider the situation of the parties to divorce in determining alimony, including:
- Duration of the marriage;
- Ability to pay alimony;
- Assets, needs and income of the parties;
- Age and health conditions of both the spouses;
- The degree of marital fault by the receiving spouse is also considered.
Reasons for Termination or Modification of Alimony in South Dakota
Any change of circumstances impacting either a party’s ability to pay or a receiving party’s need may be justification for modification of an alimony award. The party who seeks a modification must petition the court and provide evidence as to why a modification is in the interests of justice.
Marital Fault in South Dakota
South Dakota courts are allowed to consider marital fault in determining alimony awards. The court will also consider other factors, including duration of marriage and the parties’ needs.
How Long Does Spousal Support Last in South Dakota?
Court ordered support payments last for however long the court determines them to be just. A support agreement generally states the specific term for an award. Modification and termination may be available no matter what the term states in the agreement.
South Dakota Alimony Taxes
A spouse who pays alimony may claim it as a deduction on federal taxes. The payee spouse is supposed to claim alimony payments as income. Discuss your support order and its tax implications with a family law attorney to best structure your agreement.
Find an Alimony Attorney in South Dakota
To protect your interest during a divorce proceeding, it’s best to talk about your circumstances with an experienced family law attorney. A South Dakota attorney can help you through the process of divorce with confidence.