South Dakota Alimony Calculator
Estimate spousal support in South Dakota using the state's Judicial Discretion. Includes likelihood, amount range, duration, and the statutory factors that drive the result.
South Dakota divorces typically cost 57% less than the national average of $12,900.
Alimony in South Dakota
- Formula type
- Judicial Discretion
- Fault considered
- No
- Domestic violence factor
- No
- Equal parenting presumption
- No
- Waiting period before final
- 60 days (about 2 months)
Alimony Calculator in South Dakota: What You Should Know
South Dakota decides alimony at the court's discretion, with no formula setting the amount or term. The factors include the length of the marriage, the standard of living during the marriage, each spouse's earning capacity, and the financial resources of both parties. South Dakota courts also consider each spouse's contribution to the marriage and, in some cases, their relative fault. Because the result depends on how a judge weighs these considerations, South Dakota outcomes can vary, and local guidance on a given court's tendencies is helpful.
Key point: South Dakota alimony is fully discretionary with no formula, so a judge's weighing of need, earning capacity, and marriage length drives results that can vary case to case.
Tell us the basics
Locked to South Dakota on this page.
Use your gross (before-tax) annual income.
Use their gross (before-tax) annual income.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.
Alimony in South Dakota - Frequently Asked Questions
How is alimony calculated in South Dakota?
South Dakota does not use a fixed formula. Judges determine alimony case by case using statutory factors including marriage length, standard of living, earning capacity, financial resources.
How long does alimony last in South Dakota?
Duration in South Dakota typically scales with marriage length. Short marriages (under 5 years) often produce limited rehabilitative support. Medium marriages (5 to 15 years) commonly produce alimony lasting roughly one third to one half of the marriage length. Long marriages (20+ years) may produce indefinite or permanent alimony, particularly when the recipient cannot reasonably become self-supporting.
Can alimony be modified in South Dakota?
Yes. Either spouse can ask the court to modify alimony based on a substantial change in circumstances, such as a significant change in income, retirement, the recipient's remarriage or cohabitation, or a serious health change. South Dakota courts typically require the change to be material and not anticipated at the time of the original order.
Does fault affect alimony in South Dakota?
No. South Dakota does not weigh marital fault in setting alimony. Courts focus on financial need, ability to pay, and the other statutory factors rather than blame for the divorce.
Is alimony tax deductible in South Dakota?
For divorces finalized after December 31, 2018, alimony is no longer deductible by the payer or taxable to the recipient under the federal Tax Cuts and Jobs Act. This federal rule applies in South Dakota as it does in every state. Older orders entered before 2019 generally retain the prior tax treatment unless modified.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.