Divorcing your spouse can already be a challenging and intricate process, particularly when one spouse is receiving disability benefits. If you find yourself in this situation within the state of South Dakota, you may be curious about the implications it will have on your divorce proceedings. To provide you with clarity, here is everything you need to know.
Grounds for Divorce in South Dakota
In South Dakota, there exist two grounds for divorce: the no-fault divorce and the fault divorce. A no-fault divorce is based on irreconcilable differences and necessitates that the couple has been living separately for over a year. Conversely, a fault divorce demands evidence that one spouse has committed acts such as adultery, cruel treatment, willful desertion, or has been convicted of a felony.
Division of Property and Spousal Support
Irrespective of whether your spouse receives disability benefits or not, South Dakota follows the principle of equitable distribution. This means that property is divided fairly, though not necessarily equally. The court takes into account multiple factors when dividing property, including the duration of the marriage, the income and earning potential of each spouse, the health and age of both parties, as well as the contributions made by each spouse to the marriage.
Aside from property division, spousal support may also be granted in South Dakota. The court evaluates similar factors when determining the amount and duration of spousal support, such as the length of the marriage, the income and earning potential of both spouses, and the standard of living during the marriage.
Disability Benefits and Division of Property
If your spouse is the recipient of disability benefits, these benefits may be classified as marital property and subject to division during the divorce proceedings. However, it is important to note that disability benefits are not considered income for the purpose of calculating spousal support in South Dakota.
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
In the event that your spouse receives Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), these benefits may also be categorized as marital property. However, the court is likely to take into consideration the fact that these benefits are intended to provide financial support for a disabled individual. Consequently, they may award a larger portion of other marital property to the non-disabled spouse.
Conclusion
While divorcing a spouse who receives disability benefits may seem complicated, it remains a viable option. South Dakota courts diligently analyze various factors when deciding on property division, spousal support, and the impact of disability benefits on these matters. To ensure that your rights are safeguarded and you achieve the best possible outcome in your divorce, it is crucial to consult an experienced divorce attorney in South Dakota. They possess the knowledge and expertise to guide you through this intricate process and protect your interests.