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Alimony in South Dakota


The Basics of Alimony in South Dakota

When it comes to divorce, no petition is equal. This is especially true when considering the state you live in. So without a doubt, if there are two spouses wondering what to do about the possibility of alimony in South Dakota, this is what they would need to know:

Firstly, the Definition of Alimony in South Dakota

What is alimony? For those who’ve never heard of the term, it’s synonymous with ‘spousal support,’ meaning financial support for the spouse. Whereas child support is basically financial assistance to take care of a child(ren) in a family in which the parents are divorced, alimony in South Dakota covers the possible financial needs that solely rest on the shoulders of the spouse seeking the alimony.

Know this about alimony in South Dakota, though….

There Are Four Types of Alimony in South Dakota

And each one of them serves a different purpose, depending on the petition for divorce:

1. Lump-Sum Alimony
2. Rehabilitative Alimony
3. Temporary Alimony
4. Permanent Alimony

‘Lump-Sum’ simply means an alimony order that is handled with one basic payment. Once the payment is made, the order ceases as a rule of law in the court.

‘Rehabilitative’ is generally associated with educational or training needs of the one spouse seeking the support. In some marriages, it’s common that one spouse has no sufficient means for income in the sense that there’s no professional training or degree at all. The spouse relies solely on the income of the other. That all changes in the event of a divorce – hence this type of alimony generally is ordered by the court to balance out the financial consequences.

‘Temporary’ is exactly that: temporary. The fact, though, is both ‘rehabilitative’ and ‘lump-sum’ are temporary as well, but this form of alimony, although broader, doesn’t fall on a specific payment type or reason. Typically, this type can be ordered solely on the basis that the spouse seeking support needs to readjust in order to sustain sufficient income levels and maintain bills. Typically, it can last throughout the divorce process until a judgment or decree has been issued.

‘Permanent’ is literally the exact opposite. And it can involve everything from physical disability to mental disability, preventing a spouse from obtaining a job regardless of education or training. There’s no limit, no time length necessary for this form of alimony; and the only way to end it is if either spouse requests a modification in alimony or the spouse receiving alimony either remarries or becomes deceased.

Requirements for Alimony

Not every divorce case, though, will involve alimony. So it’s important to know the considerations well. In the state of South Dakota, the court will consider these factors:

1. Marriage Length
2. Certain Financial Consequences
3. Income Levels
4. The Age of Both Spouses
5. The Health of Both Spouses
6. And the Grounds for Divorce (Such as Abuse, Criminal Activity, Adultery, etc. etc.)

It’s these factors that will not only determine whether or not alimony is necessary, but also what type of alimony, and how much alimony will be received in payment(s).

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