The Six Alimony Factors and Fault in South Dakota

South Dakota courts weigh the length of the marriage, earning capacities, financial condition after the property division, age and health, station in life and the relative fault of the parties when awarding alimony.

The six factors

In awarding a support allowance, whether specific property, a lump sum or periodic payments, the court considers (Clark v. Clark, 2008 SD 59):

Factor
(1)The length of the marriage
(2)The parties’ respective earning capacities
(3)Their respective financial condition after the property division
(4)Their respective ages, health and physical condition
(5)Their station in life or social standing
(6)The relative fault of the parties in the termination of the marriage

Fault

Fault is no longer a factor in dividing property (SDCL 25-4-45.1), but the relative fault of the parties in ending the marriage continues to be a consideration in awarding alimony.

No formula

The Supreme Court has said there is no mathematical formula; the trial court has broad discretion and the award is reviewed together with the property division.

Forms of support

The allowance may be specific property, a lump sum or periodic payments, or a mix of them.

Evidence to gather

Tax returns and pay records, a budget for each household, health and education records and records of any misconduct that affected the finances.

Questions to bring to an attorney

Ask how fault would be proved and how much it would weigh against the financial factors.

Next steps

See duration, modification and security and test a ceiling in the South Dakota alimony calculator.

Frequently asked questions

What factors does South Dakota use for alimony?

Length of the marriage, earning capacities, financial condition after the property division, age, health and physical condition, station in life and relative fault.

Does fault affect South Dakota alimony?

Yes. The relative fault of the parties in ending the marriage is a factor for alimony.

Does fault affect South Dakota property division?

No. SDCL 25-4-45.1 excludes fault from property division, except as relevant to how property was acquired.

Can alimony be paid as property in South Dakota?

Yes. It can be specific property, a lump sum or periodic payments.

Where do the South Dakota alimony factors come from?

From decisions of the South Dakota Supreme Court, because the statute lists none.

Official sources

Going through a divorce or custody case in South Dakota?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a South Dakota attorney

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.