Divorce is a painful and traumatic experience, especially if there are children involved. The marital estate must be divided equitably between the parties, with the goal of separating them as financially and emotionally as possible. During the divorce proceedings, the issue will arise of what will happen to the spouses after the proceedings are concluded, especially with finances. Will one spouse have to provide financial support to the other after the divorce is final? This is where the concept of alimony comes into play. Alimony is typically awarded to the economically disadvantaged spouse after a divorce, allowing them to maintain the standard of living to which they were accustomed during the marriage. Alimony laws and guidelines vary by state, including South Dakota, so it is important to understand what role alimony plays in South Dakota divorce cases.
Types of Alimony in South Dakota
South Dakota law recognizes many types of alimony, including long-term and short-term alimony. These types of alimony are awarded based on the specific circumstances of the divorce.
Long-term Alimony
Long-term alimony is awarded when one spouse has significantly lower earning potential or no earnings at all because of pregnancy or child rearing responsibilities throughout the marriage. This type of alimony is usually awarded for long periods, possibly even a lifetime.
Short-Term Alimony
Short-term alimony is awarded when one spouse needs temporary financial support while seeking employment. This type of alimony is usually of short duration.
Reimbursement Alimony
One form of alimony awarded in South Dakota is reimbursement alimony. This type of alimony is awarded to a spouse who has supported the other spouse financially through a degree. This form of alimony is only awarded in specific types of cases.
Factors Used to Determine Alimony in South Dakota
The court in South Dakota will consider various factors when determining whether to award alimony. These factors include:
The Length of the Marriage
The length of the marriage plays a significant role in the court’s decision. Generally, longer marriages will have a higher likelihood of alimony being awarded.
The Financial Needs of Both Parties
The court in South Dakota is concerned about meeting the financial needs of both parties after the divorce is finalized. If one spouse earns significantly less than the other, they will likely be awarded alimony to ensure they can maintain their standard of living as much as possible.
The Ability of the Paying Spouse to Pay Alimony
South Dakota courts will assess the ability of the spouse who is supposed to pay alimony to meet their financial obligations. The amount of alimony awarded should not exceed what the paying spouse has the ability to pay.
The Standard of Living
The standard of living that both spouses enjoyed during the marriage will also be a consideration in determining the amount of alimony to be awarded. The goal is to keep the financially disadvantaged spouse at the same standard of living that they enjoyed before the divorce.
Age and Health of the Spouses
The age and health of the spouses will also be considered. The court will take into account the earning potential of both parties and whether one spouse’s health will hinder their chances of employment.
The Ability of the Receiving Spouse to Become Self-Sufficient
South Dakota courts will also consider the ability of the spouse receiving alimony to eventually become self-sufficient. The court will evaluate whether the spouse is capable of obtaining work or additional education and when this would likely occur.
Conclusion
Divorce is hard on everyone involved, and alimony is just one of the many issues that must be considered. However, the role of alimony in South Dakota cannot be understated. It provides a means for the economically disadvantaged spouse to maintain the same standard of living they enjoyed prior to the divorce and, in some cases, for the rest of their life. The courts in South Dakota use specific factors to determine whether alimony should be awarded and how much it should be. As with any legal matter, it is wise to consult with a South Dakota family law attorney to ensure you understand how divorce law can apply to your situation.