The Swier Law Firm Family Law FAQs

The Swier Law Firm Family Law FAQs


Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.

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  • Under what circumstances will a South Dakota court grant a divorcing spouse alimony?

    When a divorce is granted, the court may require one party to make a suitable allowance to the other party for support during the life of that other party or for a shorter period. "General alimony" is intended to assist the recipient in providing for food, clothing, housing, and other necessities. South Dakota courts consider these factors when determining whether alimony is appropriate:

    (1) the length of the marriage;

    (2) each party's earning capacity;

    (3) their financial conditions after the property division;

    (4) each party's age, health, and physical condition;

    (5) their station in life or social standing; and

    (6) the relative fault in the termination of the marriage.