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Legal Information: South Dakota

Divorce

Laws current as of July 11, 2024

Can I get alimony/maintenance?

Alimony, also called maintenance or support in South Dakota, is financial support paid by, or to, your spouse. A judge may grant alimony1 after considering your and your spouse’s:

  1. marriage length;
  2. potential ability to earn an income;
  3. financial conditions after property is awarded in the divorce case;
  4. ages, health, and physical condition;
  5. social standing; and
  6. responsibility, if any, in causing the marriage to end.2

1 SDCL § 25-4-41
2 Vandyke v. Choi, 888 N.W.2d 557, 2016 S.D. 91

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