Divorce Alimony in South Dakota

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Alimony is given by the financially stronger partner to the financially weaker partner as a support to start life anew. A lot of problems arise for the dependent partner post divorce, and that is why in order to reduce some problems, divorce alimony is given. There are certain things that should be considered before deciding divorce alimony. The age, health, and the earning capacity of the partner are taken into consideration so that the right decision can be taken. Divorce alimony in South Dakota has certain terms and conditions according to which alimony is awarded to one of the partners.

Factors considered by court in Divorce South Dakota Alimony

The court ponders over the following issues while determining the terms of alimony:

  • The fault of the partners seeking divorce is taken into consideration while granting divorce.
  • The emotional state and physical condition of the spouses are kept in mind so that the property is divided properly.
  • The age of the partners play a huge role in alimony and division of property. The rate of alimony is high if the partner is old and cannot do much for their own self.
  • The relative financial sources of the partners, inclusive of the relative earning capacities in the job market.
  • The capacity of the partner who is ordered to pay alimony, to fulfill his own requirements as well as those of the spouse seeking spousal support.
  • The duration of marital life is taken into consideration while awarding alimony and the efforts each of them put in their relationship to keep it alive.

Role of fault in Divorce South Dakota Alimony

  • If a spouse has committed a fault in marital life and this has led to a divorce, it does not mean that this spouse would not be granted alimony. Alimony is granted no matter whose fault led to the divorce. The amount is decided by the judge.
  • The cause of separation is one of the factors considered by the court while finalizing whether to award alimony or otherwise. This is done so that the wrong person does not get the benefit. If a spouse has been responsible for domestic violence or infidelity, then alimony is not granted to that partner.
  • The objective of awarding alimony is never to punish the guilty spouse. It is intended to minimize the financial impact of divorce on the spouse, who would be a recipient of spousal support.

Some features of South Dakota Alimony

  • Along with the spousal support payments, the court may also issue orders about child custody simultaneously. This should be done in order to reduce the burden and end the suspense of child custody.
  • The South Dakota divorce laws have provision for awarding alimony. However, there is no provision that favors to award separate maintenance.
  • Separate maintenance can be granted when the spouses have attained legal separation but are not divorced. This is not true regarding alimony.
  • The state courts in South Dakota do not recognize the sanction of legal separation.
  • The Codified Laws of this state regarding alimony are mentioned in Title 25 in Chapters 25 7A 20, 25 4 45.1, 25 4 44 and 25 4 42.
  • It has been observed that in this state spousal support is not granted in all divorce cases.
  • If the spouse requesting for alimony produces a financial or property settlement drafted by both spouses before the annulment of divorce, there is more possibility of granting alimony.
  • However, in certain special cases, although there is an absence of any marital settlement, the need for alimony is recognized by the court.

Granting alimony is one of the biggest tasks of the judge as they have to consider a lot of things in order to do so. Alimony can be given in lump sum or periodically, as per the wishes of the couple. Also, there are times when the alimony is given for a certain period of time. This is generally till the time the spouse getting the alimony is financially independent. In this type of alimony the start and end time is decided and that helps a person calculate the amount that needs to be given back to the other partner in the said time frame. The judge views all the evidences and proofs before giving the final verdict and the orders of alimony. The information stated above regarding divorce alimony in South Dakota is authentic and will help people prepare themselves for the worse.

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