In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse.

To be eligible for alimony, spouses in all states, including South Dakota, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In South Dakota, courts may grant alimony for either a limited time or an indefinite period. According to state law, the South Dakota Department of Social Services will enforce an award for spousal support only if a child support award also exists.

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court and is usually made in one payment. Temporary alimony may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” Rehabilitative is the most commonly awarded type of alimony and may include payments for the education necessary for the recipient spouse to become self-supporting. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments.

According to divorcesource.com, in South Dakota, the court will consider the following factors when establishing a support award: the length of the marriage; the financial repercussions of each spouse; the financial resources of each spouse; the age of the spouses; the health condition of the spouses; and the marital fault, if any, that caused the divorce. In most states, including South Dakota, remarriage of the recipient spouse will terminate alimony.

In the United States, alimony is treated differently tax wise from child support payments. In South Dakota, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For a comprehensive review of divorce and alimony law in the state of South Dakota, go to lawyers.com.