Duration and Modification of South Dakota Alimony
South Dakota alimony can last for the recipient’s life or a shorter period as the court deems just, the court may modify its orders from time to time, and it may require reasonable security.
Duration
The allowance may be for the life of the recipient or for a shorter period, as the court deems just (SDCL 25-4-41). The statute sets no schedule of years.
Modification
The court may from time to time modify its orders for support, so an alimony order can be changed on a showing of changed circumstances under the case law.
Security
The court may require a spouse to give reasonable security for providing maintenance or making payments required by the divorce chapter, and may enforce it by appointing a receiver or by any other remedy (SDCL 25-4-42).
A spouse with a separate estate
When a spouse has a separate estate sufficient to give that spouse proper support, the court in its discretion may withhold any allowance to that spouse out of the separate property of the other spouse.
Check your decree or agreement
Whether payments end on remarriage or other events depends on the terms of the decree or agreement and the case law; read the order or have an attorney review it.
Questions for the negotiation
Decide whether the agreement should set an end date, say what happens on remarriage and allow modification.
Next steps
See alimony under SDCL 25-4-41 and test a ceiling in the South Dakota alimony calculator.
Frequently asked questions
How long does South Dakota alimony last?
For the recipient's life or a shorter period, as the court deems just.
Can South Dakota alimony be modified?
Yes. The court may from time to time modify its orders.
Can a South Dakota court require security for alimony?
Yes. It may require reasonable security and enforce it by a receiver or other remedy.
Can a South Dakota court withhold alimony?
When a spouse has a separate estate sufficient for proper support, the court may withhold an allowance out of the other spouse's separate property.
Does remarriage end South Dakota alimony?
The statute does not say; it depends on the decree or agreement and the case law, so have an attorney review your order.
Official sources
- SDCL 25-4-41: allowance for support when divorce is granted
- SDCL 25-4-42: security and separate estate
- Clark v. Clark, 2008 SD 59: alimony factors (quoting Morrison v. Morrison, 323 N.W.2d 877)
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited South Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Dakota attorney.