South Dakota Spousal Support/Maintenance/Alimony Factors

In South Dakota the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:

The may order one party to make such suitable allowance to the other party for support on a permanent or temporary arrangement. The factors the court shall consider when establishing a support award are as follows; 1. the duration of the marriage; 2. the financial repercussions of each spouse; 3. the financial resources of each spouse; 4. the age of the spouses; 5. the health condition of the spouses; 6. the marital fault that caused the divorce if any.

The state enforcement office shall enforce the obligation that is paid to a spouse or former spouse who is living with his or her child or children, but only if a support obligation has been established for the spouse and the child support obligation is also being enforced. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-42, 25-4-44, 25-4-45)

You can also read more about South Dakota spousal support in the South Dakota state statutes located at: