Alimony (spousal support) in South Dakota is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in South Dakota, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding South Dakota’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against South Dakota family law statutes as of May 2026.
In This South Dakota Alimony Guide:
Types of Alimony in South Dakota
South Dakota courts may award the following types of alimony:
- Temporary (pendente lite) under SDCL 25-4-38; General/Ordinary alimony (can be temporary or permanent); Rehabilitative alimony (fixed period
- typically 2-5 years
- to gain education/training for self-sufficiency); Restitutional alimony (reimburses spouse who funded other spouse’s education or professional training during marriage)
How South Dakota Calculates Alimony
South Dakota does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
South Dakota courts consider these factors when determining alimony:
- South Dakota courts apply six factors established in Billion v. Billion (1996 SD): (1) Length of the marriage; (2) Respective earning capacity of the parties
- including education
- training
- work experience
- and competency to earn a living; (3) Financial condition of each party after the property division; (4) Age
- health
- and physical condition of each party; (5) Station in life and standard of living maintained during the marriage; (6) Relative fault of the parties in causing the termination of the marriage. For rehabilitative alimony
- courts also consider: foregone educational and employment opportunities during the marriage
- length of absence from the job market
- and skills and time necessary to become self-sufficient. For restitutional alimony
- courts also consider: amount of the supporting spouse’s financial contributions
- whether the supporting spouse lost career opportunities
- and how long the marriage lasted after the other spouse completed education or training.
Income disparity: YES. South Dakota courts require a showing of financial need. Alimony is designed to help the lower-earning spouse become self-supporting. The court evaluates the post-divorce financial condition of each party after property division. If the lower-earning spouse receives a substantially larger property award, the court may reduce alimony. South Dakota is an all-property equitable distribution state under SDCL 25-4-44, meaning courts can divide all assets (including premarital, inherited, and gifted property). Alimony is determined after property division.
Vocational evaluation: YES. Courts may order or consider vocational evaluations to assess a spouse’s earning potential and employability. Vocational evaluations are particularly relevant for rehabilitative alimony, where the court must determine the skills and time needed for self-sufficiency. Courts examine vocational skills, employment history, and the time and expense needed to acquire sufficient education or training.
South Dakota Alimony Duration Guidelines
No statutory duration guidelines. Judicial patterns reported by practitioners: marriages under 5 years rarely receive alimony; 5-10 year marriages typically receive 2-3 years; 10-20 year marriages typically receive 3-6 years; 20+ year marriages may receive longer awards or permanent alimony. A common rule of thumb is approximately one-third the length of the marriage, but this is not codified.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Under 5 years (judicial pattern, not codified — alimony is rarely awarded for marriages under 5 years)) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (20 years (judicial pattern, not codified — permanent alimony is typically considered for marriages of 20+ years)+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. SDCL 25-4-41 expressly authorizes support “during the life of that other party.” However, permanent alimony is reserved for long-term marriages (typically 20+ years) or situations where the receiving spouse cannot become self-supporting due to age, disability, or caregiving responsibilities. Courts strongly prefer rehabilitative or time-limited awards when the recipient can reasonably become self-sufficient. Permanent alimony terminates automatically upon the death of either party.
Modifying & Terminating South Dakota Alimony
Modification: YES. Under SDCL 25-4-41, the court retains ongoing jurisdiction and “may from time to time modify its orders.” Either spouse can request modification upon showing a material change in circumstances. Alimony continues as originally ordered until a court modifies it. If the parties agree in writing that the award is non-modifiable, the court will not review it. Any modification must be in writing, executed with the same formality as the original agreement, and approved by the court. All alimony orders are subject to appellate review under SDCL 25-4-46.
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Cohabitation: Cohabitation does NOT automatically terminate alimony. South Dakota courts have rejected automatic termination on cohabitation grounds. Cohabitation may reduce or terminate alimony if the receiving spouse’s financial circumstances have materially changed due to living with a new partner. Courts examine whether the cohabitation actually reduces the recipient’s need for support. The paying spouse must file a motion to request modification.
Remarriage: Remarriage does NOT automatically terminate alimony in South Dakota. The paying spouse must file a motion with the court requesting modification or termination. Courts treat remarriage as a change in circumstances warranting review. Parties may expressly agree in their settlement agreement that alimony terminates upon remarriage, and depending on the agreement, alimony could continue even after remarriage. This distinguishes South Dakota from many other states where remarriage is an automatic termination event.
Retirement: Retirement is evaluated as part of the earning capacity and financial condition factors. Courts consider retirement account balances and retirement income as part of the comprehensive financial picture. A significant change in income due to retirement could constitute a material change in circumstances warranting modification under SDCL 25-4-41. Retirement assets may also be divided as part of property distribution under SDCL 25-4-44, which can affect the alimony determination.
Tax Implications of South Dakota Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all South Dakota divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on South Dakota Alimony
Adultery: YES, adultery affects alimony awards. Adultery is a recognized fault ground under SDCL 25-4-2, and relative fault is one of the six statutory factors courts consider. A spouse who committed adultery may receive reduced alimony or no alimony at all. The innocent spouse may receive a higher award. However, fault is weighed alongside all other factors — it is not an automatic disqualifier. Courts cannot use alimony to punish a guilty spouse; they can only consider fault in determining whether support is warranted and in what amount.
Other marital misconduct: YES. Relative fault of the parties in causing the termination of the marriage is one of the six Billion v. Billion factors. Misconduct beyond adultery — including extreme cruelty, willful desertion, willful neglect, and habitual intemperance (all listed as fault grounds under SDCL 25-4-2) — may be considered. Courts weigh misconduct alongside all other statutory factors in their overall assessment.
Additional South Dakota rules: South Dakota is an all-property equitable distribution state — courts can reach premarital, inherited, and gifted property in the property division, which is unusual and indirectly affects alimony awards. No major alimony reform legislation has been enacted in recent years; the core framework under SDCL 25-4-41 has remained substantively unchanged for decades. Non-modifiable alimony agreements are enforceable if executed in writing. Remarriage does not automatically terminate alimony, distinguishing South Dakota from many other states. The controlling case law factors come from Billion v. Billion (1996 SD), not from statute — SDCL 25-4-41 itself is broad, giving courts wide discretion with minimal statutory constraints. Enforcement mechanisms include income withholding orders (SDCL 25-4-45.5), contempt proceedings (SDCL 25-7A-56), wage garnishment, property liens, and up to six months of jail time for willful non-payment.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- South Dakota Alimony Statute: SDCL 25-4-41 (primary alimony statute — allowance for support when divorce granted); SDCL 25-4-38 (temporary/pendente lite alimony); SDCL 25-4-42 (security for alimony payments); SDCL 25-4-44 (property division); SDCL 25-4-45.5 (income withholding for support); SDCL 25-4-46 (appellate review of alimony orders); SDCL 25-7A-56 (contempt enforcement)
Last verified May 2026. Contact us if you notice outdated information.