Calculate Maintenance Under South Dakota Codified Laws SDCL 25-4-41
Recommended Maintenance Type:
Guideline Amount:
Recommended Duration:
Likely Range:
Key Factors:
In a recent 2026 decision, the South Dakota Supreme Court affirmed the denial of spousal support where the recipient had sufficient assets and income from property division and employment to meet needs independently. The court reiterated that need is the foundational requirement under SDCL 25-4-41, and maintenance is not a punitive tool.
The Supreme Court affirmed reduction of husband's alimony from $13,500 to $6,000 per month after a substantial good-faith decrease in income. The court denied retroactive modification, reinforcing that modifications are prospective only and require a substantial change in circumstances.
Established that South Dakota courts have broad discretion in determining spousal support amounts and duration, rejecting rigid formulas.
Under SDCL 25-4-41, maintenance can be modified for substantial and continuing change in circumstances (Peery v. Peery 2025). Process includes filing a petition, serving notice, and proving changed conditions. Modifications are not retroactive.
No. South Dakota does not have a mandated statutory formula. Judges have broad discretion under SDCL 25-4-41, focusing on recipient's financial need and payor's ability to pay. The calculator uses common judicial patterns but is not a guarantee.
South Dakota Codified Laws SDCL 25-4-41
Under SDCL 25-4-41: marriage length, earning capacity, age, health, financial condition post-divorce, marital standard of living, fault (adultery, cruelty, desertion), contributions to education/career, and lost opportunities (Hill v. Hill, 2009). Recent 2026 case Moen v. Moen emphasizes need as primary.
Temporary (pendente lite), Rehabilitative (education/training), Restitutional (reimbursement for contributions), and Permanent (rare, for disability/age).
Yes. Requires substantial and continuing change in circumstances (e.g., job loss, retirement, disability, remarriage). Modifications are prospective only as affirmed in Peery v. Peery (2025).
For divorces finalized on or after Jan 1, 2019: payments are NOT deductible by payor and NOT taxable to recipient (Tax Cuts and Jobs Act). South Dakota has no state income tax.
A common negotiation rule: (40% of higher earner's net income) minus (50% of lower earner's net income). Example: $2,760 - $1,300 = $1,460/month. Not binding on courts.