Spousal Support Calculator
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South Dakota Spousal Support Calculator

Calculate Maintenance Under South Dakota Codified Laws SDCL 25-4-41

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 20+ years?
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage

South Dakota-Specific Factors

Domestic violence involved? ℹ️Check if there was documented domestic violence in the marriage. South Dakota courts may increase maintenance for victims.

South Dakota Domestic Violence Impact (SDCL 25-4-41):

  • 10-20% increase in maintenance amounts typically awarded
  • May qualify for longer duration regardless of marriage duration
  • Court may order additional therapy/rehabilitation costs
  • Protective orders can affect temporary support calculations

See: South Dakota Codified Laws 25-4-41

Fault-based divorce? ℹ️South Dakota allows fault-based divorce grounds which may impact maintenance decisions.

South Dakota Fault Considerations:

  • Fault grounds available: Adultery, extreme cruelty, willful desertion
  • Impact on maintenance: Fault may affect amount and duration
  • Economic misconduct: Hiding assets or intentional unemployment may affect awards

See: SDCL 25-4-2 and SDCL 25-4-41

South Dakota Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Malpractice insurance costs considered for medical professionals

See: SDCL 25-4-41

South Dakota Cohabitation Rules:

  • Maintenance typically terminates upon remarriage
  • Cohabitation alone doesn't automatically terminate maintenance
  • Payor must petition court for modification
  • Must prove financial interdependence

See: SDCL 25-4-41

Needs and Resources

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South Dakota Retirement Rules (SDCL 25-4-41):

  • Early Retirement (55-64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+): May be grounds for modification
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for maintenance payments

See: SDCL 25-4-41

Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.e., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term maintenance.

Duration Factors

Maintain marital standard of living? ℹ️South Dakota courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on South Dakota statutes and case law patterns. South Dakota does not have a statutory alimony formula. Judges have broad discretion to award a "suitable allowance" based on statutory factors under SDCL 25-4-41, primarily focusing on the recipient's financial need and the payor's ability to pay. Actual court-ordered maintenance may differ significantly. The calculation is not legal advice. Consult a licensed South Dakota family law attorney for advice regarding your specific situation.

South Dakota Spousal Maintenance Calculation Results

Maintenance Type Determination

Recommended Maintenance Type:

Primary Factors:

Monthly Maintenance Amount

Guideline Amount:

Statutory Considerations:

Duration of Maintenance

Recommended Duration:

South Dakota Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates only based on South Dakota statutes and case law. South Dakota does not have a statutory alimony formula. This calculation is not legal advice and actual court-ordered maintenance may differ. Judges consider multiple factors and have full discretion under SDCL 25-4-41. Consult a licensed South Dakota family law attorney for legal advice regarding your specific situation.

South Dakota Maintenance Case Law Examples

Peery v. Peery (2025)
SD Supreme Court Case No. 30909 (2025)

In this recent case, the Supreme Court affirmed a circuit court's decision to reduce a husband's alimony obligation from $13,500 to $6,000 per month after he experienced a significant, good-faith decrease in income following a move and job change. The court also denied the wife's contempt motion for missed payments and declined to make the modification retroactive. This case highlights the court's approach to modifications based on substantial and credible changes in financial circumstances and reinforces that modifications are prospective, not retroactive.

Hanson v. Hanson (2018)
SD Supreme Court Case No. 28356

Established that South Dakota courts have broad discretion in determining spousal support amounts and duration. The Court emphasized that maintenance decisions should be based on the specific facts of each case rather than rigid formulas.

Johnson v. Johnson (2012)
SD Supreme Court Case No. 25894

Ruled that cohabitation alone does not automatically terminate spousal support. The payor must demonstrate that the cohabitation has resulted in a substantial change in the recipient's financial circumstances.

Modifying Maintenance in South Dakota

South Dakota law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under South Dakota Codified Laws SDCL 25-4-41, maintenance can be modified for:

A substantial and continuing change in circumstances (e.g., significant income loss, as in Peery v. Peery)
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many South Dakota courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward (as affirmed in Peery v. Peery).
Never stop paying maintenance without court approval - you risk contempt charges.
South Dakota requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

South Dakota Spousal Maintenance FAQs

Is there a formula for calculating alimony in South Dakota?

No. South Dakota does not have a mandated statutory formula or official calculator for alimony (called "maintenance" in South Dakota).

Instead, judges have broad discretion under SDCL 25-4-41 to award a "suitable allowance" based on a qualitative review of all relevant factors. The primary focus is on the recipient's financial need and the payor's ability to pay.

South Dakota Codified Laws SDCL 25-4-41

What factors do South Dakota courts consider for maintenance?

Judges consider all relevant factors under SDCL 25-4-41, including:

  • The length of the marriage
  • Each spouse's earning capacity, age, health, and physical condition
  • The financial condition of each spouse after property division
  • The marital standard of living
  • Marital fault (e.g., adultery, cruelty, desertion)
  • For rehabilitative support: contributions to the other's career/education and lost opportunities (see Hill v. Hill, 2009)

South Dakota Codified Laws SDCL 25-4-41; Hill v. Hill, 763 NW 2d 818 (2009)

What are the types of alimony in South Dakota?

South Dakota recognizes several types of maintenance:

  • Temporary (Pendente Lite): Paid during the divorce process. Ends when the divorce is finalized.
  • Rehabilitative: Provides financial assistance for education or training to become self-supporting. Common when a spouse left a job to raise a family.
  • Restitutional: Reimburses one spouse for contributions to the other's advanced education or training during the marriage.
  • Permanent: Rare. May be awarded to a spouse unable to work due to age, disability, or lengthy absence from the job market.

South Dakota Codified Laws SDCL 25-4-38, SDCL 25-4-41

Can alimony be modified in South Dakota?

Yes. Either spouse can request a modification if there is a substantial and continuing change in circumstances.

Common grounds include:

  • Significant involuntary change in income (e.g., job loss, as in the Peery v. Peery 2025 case)
  • Remarriage of the supported spouse
  • Retirement of the payor at a reasonable age
  • Disability or serious health issue

Important: You must get a court order approving the modification before changing payments. Failure to pay as ordered can result in contempt charges.

South Dakota Codified Laws SDCL 25-4-41; Peery v. Peery, SD Sup. Ct. No. 30909 (2025)

Are maintenance payments taxable?

It depends on when the divorce was finalized.

For divorces finalized on or after January 1, 2019: Under the Tax Cuts and Jobs Act, maintenance payments are NOT deductible by the payor and are NOT taxable income for the recipient.

For divorces finalized before December 31, 2018: The old rules apply: payments were deductible by the payor and taxable to the recipient.

South Dakota State Tax: South Dakota has no state income tax, so there are no state tax implications.

IRC §71, Tax Cuts and Jobs Act of 2017

What is a common temporary support estimate used in South Dakota?

While not a law or guarantee, a common rule of thumb used for estimating temporary support during negotiations is:

Temporary Estimate = (40% of higher earner's net monthly income) minus (50% of lower earner's net monthly income)

Example: If net incomes are $6,900 and $2,600, the calculation would be: (40% of $6,900 = $2,760) minus (50% of $2,600 = $1,300) = $1,460 per month.

Note: This is a negotiation tool only. Courts are not bound by it and will make a final determination based on statutory factors.

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