Alimony and Spousal Support in South Dakota
How South Dakota decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: When a divorce is granted, the court may order one spouse to pay the other a suitable allowance for support for life or for a shorter period, as the court considers just given the circumstances, and may modify it later. SDCL 25-4-41; 25-4-38; 25-4-40
| Alimony (spousal support) | When a divorce is granted, the court may order one spouse to pay the other a suitable allowance for support for life or for a shorter period, as the court considers just given the circumstances, and may modify it later. The statute does not list factors or a formula. Temporary alimony may be ordered while the case is pending, and support may be awarded in a separate maintenance action. Source: SDCL 25-4-41; 25-4-38; 25-4-40 |
|---|---|
| Dividing property | When a divorce is granted, the court may make an equitable division of property belonging to either or both spouses, regardless of whose name is on the title, with regard for equity and the circumstances of the parties. Fault is not considered in dividing property except as it relates to how property was acquired during the marriage. Source: SDCL 25-4-44; 25-4-45.1 |
Where to get help in South Dakota
More South Dakota divorce & family law
- Getting a Marriage License in South Dakota
- Adopting a Child in South Dakota
- Guardianship of a Child or Adult in South Dakota
- Establishing Paternity in South Dakota
- Changing Your Name in South Dakota
- Child Custody Laws in South Dakota
- How Child Support Is Calculated in South Dakota
- Divorce Records in South Dakota
- How to File for Divorce in South Dakota
- Legal Separation and Annulment in South Dakota
- All South Dakota divorce & family law rules
FAQ
How is alimony decided in South Dakota?
When a divorce is granted, the court may order one spouse to pay the other a suitable allowance for support for life or for a shorter period, as the court considers just given the circumstances, and may modify it later. The statute does not list factors or a formula. Temporary alimony may be ordered while the case is pending, and support may be awarded in a separate maintenance action.
Is South Dakota a community property state?
When a divorce is granted, the court may make an equitable division of property belonging to either or both spouses, regardless of whose name is on the title, with regard for equity and the circumstances of the parties. Fault is not considered in dividing property except as it relates to how property was acquired during the marriage.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.