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How much alimony can you get in South Dakota?

On Behalf of | Jan 16, 2025 | Divorce

Divorce is a challenging journey, often accompanied by financial complexities. Fortunately, alimony can help you get back on your feet after the divorce. Still, the amount you will receive depends on your circumstances. Understanding alimony regulations in South Dakota can help determine if you meet the requirements.

How does alimony work?

Alimony in South Dakota is not a punitive measure but a means to support the lower-earning spouse as they transition to financial independence. The state recognizes three types of alimony:

  • General alimony helps the spouse maintain a standard of living similar to that experienced during the marriage. This can cover necessities such as housing, food, and clothing.
  • Rehabilitative alimony aims to assist the recipient in gaining education or skills necessary for employment. The goal is to give them the tools to support themselves without relying on their ex-spouse.
  • Restitutional alimony compensates a spouse for supporting the other spouse’s educational or career progress during the marriage.

You can work with your attorney to determine the type of alimony you need. Some individuals need support to get back on their feet, while others could need permanent alimony after the divorce.

For example, the court can award alimony during divorce proceedings to cover living expenses. Still, this does not guarantee permanent alimony post-divorce. Furthermore, if you receive permanent alimony, keep in mind that it can be adjusted. If you remarry or your circumstances change, your alimony could change too.

Which factors influence the amount of alimony?

The amount and duration of alimony are not set in stone. They can vary significantly from case to case. Several factors play a role in determining alimony in South Dakota, including:

  1. Standard of living: The court considers the lifestyle maintained during the marriage.
  2. Earning capacity: This includes the financial resources and earning potential of both parties.
  3. Health and age: The physical and mental health and age of each spouse are vital factors.
  4. Marriage duration: Longer marriages may result in longer alimony periods, as the financial interdependence can be more profound.
  5. Contributions to the marriage: The court evaluates each spouse’s contributions, such as homemaking or childcare.
  6. Marital misconduct: South Dakota law does not use alimony as punishment. Still, misconduct such as adultery may influence the court’s decision.
  7. Other relevant factors: The court may consider any other factors to achieve a fair outcome.

Alimony in South Dakota supports the transition of both spouses into post-divorce life. While the court considers several factors to determine the amount and duration, each case is unique. If you are facing a divorce and need assistance, consult an attorney. Remember, you are not alone in this journey, and resources are available to support you through it.