Divorce Guide

Divorce Guide

South Dakota Divorce Alimony

The South Dakota divorce alimony is not awarded in all divorce cases. Unless and until the alimony seeking spouse has been able to produce any property or financial settlement between the spouses prior to the annulment of divorce, in most divorce cases the court does not opine to grant alimony. But there can be certain special cases where the need for granting alimony is acknowledged by the court even if there is absence of any form of marital settlement regarding property assets.

The Conditions for Awarding Divorce Alimony

There is only one factor mentioned in the South Dakota family laws specifying that the alimony can be granted by the court if it deems it to be just by considering all the circumstances of both the spouses, the payer as well as the payee.

By summing up the conditions mentioned in South Dakota Codified Laws of Title 25, in Chapters 25-4-42, 25-4-44, 25-4-45.1, 25-7A-20 and the South Dakota Case Law the judges of the court take in to account the following conditions while adjudging the amount and duration of the alimony.
  • The length of the marital life
  • The paying ability of the spouse is also a matter of concern while determining alimony.
  • The financial resources available with the spouse including the amount of properties and assets. The degree of need to support himself or herself for independent living and the earning potential of the receiving spouse are some of the common determinates of awarding of South Dakota divorce alimony.
  • A comparison of the financial status and the income generation capacities of the spouses are also made.
  • The age and health conditions of both the spouses.
  • The degree of marital fault committed by the receiving spouse is considered while determining the awarding of the prize.
According to the South Dakota laws, it is obligatory for the payer spouse to provide the financial spousal support or the maintenance support to the other if the order is enforced by the court office. Sometimes the spousal support can be accompanied by the child custody. Though the South Dakota court have laws that have provision for awarding alimony but there is no such proceeding mentioned in the laws that would favor granting of separate maintenance. Unlike alimony, separate maintenance can be granted if the spouses are not divorced but have attained legal separation. The South Dakota state court does not acknowledge the sanction of legal separation.

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