Keeping Your Standard Of Living After A South Dakota Divorce: 5 Secrets You Should Know About 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.

Here are 5 secrets you should know about alimony in South Dakota

Secret #1 - What is "general alimony"?

"General alimony" is intended to help an ex-spouse in providing for food, clothing, housing, and other necessities.

Secret #2 - What is "permanent alimony"?

"Permanent alimony" is awarded when payments continue until the receipient's death or some other significant event (such as remarriage) occurs.

Secret #3 - What is "restitutional alimony"?

"Restitutional alimony" (also known as "reimbursement alimony") is designed to reimburse one spouse's contribution during the marriage to advance the training or education of the other spouse.

Secret #4 - What factors does a South Dakota consider in awarding alimony?

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.

Secret #5 - Can alimony be changed after it's awarded?

Possibly. In South Dakota, some types of alimony normally may be reduced or eliminated based on a change of circumstances existing at the time of the original decree.

Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones