Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner upon divorce.
The person paying spousal support or the person receiving spousal support may seek to modify the court’s order for support—usually by increasing it or decreasing it—due to a material change in circumstances of the person paying support or the person receiving support.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic code.
In South Dakota, alimony, also known as spousal support, is financial assistance provided by one spouse to the other during or after a divorce. The state's statutes outline the conditions under which alimony may be awarded, which typically include considerations of each spouse's earning capacity, the length of the marriage, the standard of living during the marriage, and the contributions of each spouse to the marriage, among other factors. South Dakota law allows for different types of alimony: temporary, rehabilitative, or permanent. The courts have significant discretion in determining the amount and duration of spousal support. After an alimony order is in place, either party may request a modification of the support order if there is a material change in circumstances, such as a significant change in income, employment status, or health of either party. The process for modifying alimony is also governed by state law, and the party seeking the modification must demonstrate that the change in circumstances is substantial and ongoing, warranting an adjustment to the support order.