If you only remember one point about alimony (spousal support) in South Dakota, remember this: South Dakota calls it alimony (spousal support). Discretionary. Courts consider length of marriage, earning capacity, and equitable factors—no formula. Forms include Rehabilitative and longer-term alimony; temporary support during the action.. Procedure, examples, and the opinions below hang off S.D. Codified Laws § 25-4-41. Duration: Duration is equitable and often rehabilitative after mid-length marriages. Termination: Death, remarriage, or expiration of the term.
Types of alimony (spousal support) in South Dakota
Rehabilitative and longer-term alimony; temporary support during the action.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
Walking through South Dakota facts
Use this walkthrough to see which South Dakota authority does the work at each step.
One spouse asks a South Dakota court for alimony (spousal support) after a divorce filing.
- Use the label and statute South Dakota actually uses: alimony (spousal support) under S.D. Codified Laws § 25-4-41.
- There is no formula. Apply the statutory factors: Discretionary. Courts consider length of marriage, earning capacity, and equitable factors—no formula.
- Set duration from South Dakota rules: Duration is equitable and often rehabilitative after mid-length marriages.
- Identify what ends the award: Death, remarriage, or expiration of the term.
Limited. Permanent awards are uncommon and fact-specific. Fault: Fault may be considered among all circumstances. Federal TCJA rules apply post-2018; South Dakota has no state income tax.
How amount is set
South Dakota does not use a statewide calculator for final alimony (spousal support). Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long alimony (spousal support) lasts
Duration is equitable and often rehabilitative after mid-length marriages.
Permanent / indefinite support. Limited. Permanent awards are uncommon and fact-specific.
When alimony (spousal support) ends or can be changed
Death, remarriage, or expiration of the term.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are South Dakota-specific.
Taxes
Federal TCJA rules apply post-2018; South Dakota has no state income tax.
Child support remains non-deductible and non-taxable. Do not assume alimony (spousal support) treatment mirrors child support.
Case law: how South Dakota courts decide alimony (spousal support)
These LawDiver opinions illustrate how South Dakota appellate courts discuss need, ability to pay, duration, and related issues:
Steven L. JOHNSON, Plaintiff and Appellee, v. Susan J. JOHNSON, Defendant and Appellant
…e property to husband. Wife was also awarded rehabilitative alimony of $4,000 per year for four years. The children were placed in husband's custody, and no child support was ordered. Wife was allowed eight hours of supervised visitation twice a month, plus visitation on an alternating basis for birthdays and holidays. Wife was also awarded attorney fees. Additional details are…
On alimony (spousal support), Steven L. JOHNSON, Plaintiff and Appellee, v. Susan J. JOHNSON, Defendant and Appellant speaks to the South Dakota dispute in this passage: "Wife was also awarded rehabilitative alimony of $4,000 per year for four years. The children were placed in husband's custody, and no child support was ordered." The surrounding opinion shows how the court applied that language to the record.
T. Denny SANFORD, Plaintiff and Appellee, v. Colleen Anderson SANFORD, Defendant and Appellant
…he prenuptial agreement purported to waive all of Colleen’s alimony rights and provided for a single payment structure for alimony, support and property provisions. [¶ 2.] On competing motions for summary judgment, the circuit court held the single prenuptial agreement provision purporting to waive alimony was void and unenforceable. The circuit court also held the agreement wa…
On alimony (spousal support), T. Denny SANFORD, Plaintiff and Appellee, v. Colleen Anderson SANFORD, Defendant and Appellant speaks to the South Dakota dispute in this passage: "Colleen’s alimony rights and provided for a single payment structure for alimony, support and property provisions. [¶ 2." The surrounding opinion shows how the court applied that language to the record.
Donald R. BALTZER, Plaintiff and Appellant, v. Joan C. BALTZER, Def — Miller, J., concurring in part and dissenting
…n of the marital assets. However, I would remand the entire alimony question for reconsideration by the trial court. Therefore, I dissent from that part of the majority opinion which affirms what it characterizes as “rehabilitative alimony.” As noted by the majority, the trial court awarded alimony1 of $600 per month for *593one year, followed by $400 per month alimony payments…
Practitioners open Donald R. BALTZER, Plaintiff and Appellant, v. Joan C. BALTZER, Def — Miller, J., concurring in part and dissenting when South Dakota alimony (spousal support) turns on the distinction in this sentence: "However, I would remand the entire alimony question for reconsideration by the trial court. Therefore, I dissent from that part of the majority opinion which affirms what it characterizes as “rehabilitative alimony." Do not lift it out of the facts the court was deciding.
Annette MacKABEN, Plaintiff and Appellee, v. Everett Thomas MacKABEN, Jr., Defendant and Appellant
…ortgage debt and Annette pay half of the mortgage debt with alimony that Tom paid to her[.]” [¶ 28.] As Tom points out, we reviewed an analogous property division in Foley v. Foley, 429 N.W.2d 42 (S.D.1988). In Foley, a husband and wife divorced, and the circuit court ordered the husband to make monthly payments of $518 for “the house payment, consisting of principal, interest…
South Dakota opinions such as Annette MacKABEN, Plaintiff and Appellee, v. Everett Thomas MacKABEN, Jr., Defendant and Appellant are cited where alimony (spousal support) is disputed. The court stated: "Annette pay half of the mortgage debt with alimony that Tom paid to her[.]” [¶ 28.] As Tom points out, we reviewed an analogous property division in Foley v. Foley, 429 N.W.2d 42 (S.D.1988)." That is the language to brief; the rest of the decision supplies the procedural posture.
Karon J. (Anderson) WILSON, Plaintiff and Appellee. v. William (Bill) WILSON, Defendant and Appellant
…of the divorce decree relating to the property division and alimony award. We reverse and remand. FACTS Karon and Bill were married in 1976. After their marriage the parties lived in various locations until settling in Missouri where their daughter (approximately age 7 at the time of the divorce) was born. In 1982 while still residing in Missouri, the parties purchased an acrea…
South Dakota opinions such as Karon J. (Anderson) WILSON, Plaintiff and Appellee. v. William (Bill) WILSON, Defendant and Appellant are cited where alimony (spousal support) is disputed. The court stated: "We reverse and remand. FACTS Karon and Bill were married in 1976. After their marriage the parties lived in various locations until settling in Missouri where their daughter (approximately age 7 at the time of the divorce) was born." That is the language to brief; the rest of the decision supplies the procedural posture.
Marissa S. TERCA, Plaintiff and Appellee, v. James J. TERCA, Defendant and Appellant
…e circuit court is affirmed on the basis that its denial of spousal support was contingent on the property division. FACTS AND PROCEDURE [¶ 2.] Marissa and James were married on November 25, 1989. Three children were born during the marriage who were ages sixteen, thirteen, and ten at the time of the divorce proceedings. The parties were married for eighteen years. James was fo…
Practitioners open Marissa S. TERCA, Plaintiff and Appellee, v. James J. TERCA, Defendant and Appellant when South Dakota alimony (spousal support) turns on the distinction in this sentence: "FACTS AND PROCEDURE [¶ 2.] Marissa and James were married on November 25, 1989. Three children were born during the marriage who were ages sixteen, thirteen, and ten at the time of the divorce proceedings. The parties were married for eighteen years." Do not lift it out of the facts the court was deciding.
Practical checklist
- Identify the correct statutory label (alimony (spousal support)) and controlling section (S.D. Codified Laws § 25-4-41).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if South Dakota law makes it relevant to eligibility or amount.
- Search LawDiver for recent South Dakota decisions before mediation.
- Cross-check child support interactions via the South Dakota child support guide.
Key takeaways
- South Dakota uses the term alimony (spousal support) under S.D. Codified Laws § 25-4-41.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary. Courts consider length of marriage, earning capacity, and equitable factors—no formula.
- Common forms include: Rehabilitative and longer-term alimony; temporary support during the action.
- Duration framework: Duration is equitable and often rehabilitative after mid-length marriages.
- Permanent / indefinite support: Limited. Permanent awards are uncommon and fact-specific.
- Companion child-support guide: South Dakota child support guidelines.
What alimony (spousal support) is (and is not)
Alimony (spousal support) is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see S.D. Codified Laws §§ 25-7-6.1 to 25-7-6.19) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony (spousal support). Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply South Dakota's statutory framework.
Eligibility and statutory factors
Discretionary. Courts consider length of marriage, earning capacity, and equitable factors—no formula.
Fault. Fault may be considered among all circumstances.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Frequently asked questions
Does South Dakota still award permanent alimony (spousal support)?
Limited. Permanent awards are uncommon and fact-specific.
How is alimony (spousal support) calculated in South Dakota?
South Dakota leaves amount largely to judicial discretion under S.D. Codified Laws § 25-4-41, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony (spousal support)?
Duration is equitable and often rehabilitative after mid-length marriages. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony (spousal support)?
Death, remarriage, or expiration of the term.
Is alimony (spousal support) taxable?
Federal TCJA rules apply post-2018; South Dakota has no state income tax.
Where can I read South Dakota alimony (spousal support) opinions?
Open the cases linked above or search LawDiver scoped to South Dakota. For support of children, see the South Dakota child support guidelines guide.
Disclaimer
This article provides general information about South Dakota alimony (spousal support) and is not legal advice. Confirm the current text of S.D. Codified Laws § 25-4-41 and consult a licensed South Dakota family-law attorney before acting on any rule described here.