Divorce in South Dakota

Spousal Support (Alimony) in South Dakota

Written by Hello Divorce Team | Sep 14, 2025 5:02:01 PM

Most South Dakota couples negotiate alimony and present agreed terms for approval. If litigated, the court decides amount, duration, and structure under equitable factors.

Is there a formula in South Dakota?

There is no official alimony calculator in South Dakota. Judges consider need and ability to pay, the marital standard of living, length of marriage, ages/health, earning capacity, and the time reasonably needed to become self-supporting.

A quick way to estimate temporary support

Temporary estimate = 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income.
This is a negotiation tool, not law. Example: If net incomes are $6,900 and $2,600, 40% of $6,900 ($2,760) minus 50% of $2,600 ($1,300) suggests $1,460 per month. Adjust for insurance shifts, childcare, major debt, or seasonal income.

Types of spousal support

Temporary (pendente lite) support helps during the case. Rehabilitative/transitional support funds training or a return to work. Durational/longer-term by agreement may fit longer marriages. Lump-sum/buyout trades monthly payments for a fixed amount or property offset.

What support covers and what it doesn’t

Alimony is transition help as two households take shape. It is not punishment and does not duplicate child support, which is calculated separately.

Ways to structure payments

Use monthly step-downs, a lump-sum buyout, retirement/property offsets, or direct expense payments (COBRA, tuition, rent). Many couples secure obligations with life-insurance for the support term.

How Hello Divorce can help

Hello Divorce can prepare all your South Dakota divorce forms for you with our divorce plans—and we can help you calculate or negotiate support with our mediators and financial pros.

FAQs

Is there an alimony formula in South Dakota?
No. South Dakota has no mandated calculator; courts weigh equitable factors.

How long does alimony last in South Dakota?
It depends on your agreement or order. Rehabilitative and durational terms are common and tailored to the facts.

Can alimony be modified later?
Often yes, if permitted by your order and there is a material change in circumstances; parties can agree to non-modifiable terms.