Law Firm to Protect Your Rights in Alimony Issues

Starting a new life after a marriage ends involves more than just emotional hurdles. You must also consider your financial future and how you will support yourself. At Myers Billion, LLP, our Alimony & Spousal Support Attorneys in Sioux Falls help clients address the complexities of South Dakota divorce cases. Our firm has served the Sioux Falls community since 1914. Our attorneys work to ensure that alimony payments are fair and reflect your specific circumstances.

Call our office at 605-501-5762 or fill out our online form to speak with a team member today.

Unlike child support, South Dakota law does not use a set formula to determine alimony. Instead, judges have broad discretion under South Dakota Codified Law 25-4-41. The court may compel one spouse to provide support to the other for a set period or for the life of that spouse. This ensures that the lower-earning spouse can maintain a reasonable standard of living after the marriage ends.

To determine alimony, the court looks at several factors. These include the length of the marriage and each person’s earning capacity. The judge also examines the age and health of both parties. While South Dakota recognizes irreconcilable differences as a ground for divorce under South Dakota Codified Law 25-4-17.1, a judge can still consider relative fault when deciding on alimony. You may need to prove certain facts about the marriage to ensure a fair outcome. A family law attorney can help you gather the evidence needed for your case.

Specific Types of Spousal Support

South Dakota recognizes several types of alimony based on each spouse’s needs. Rehabilitative alimony helps one spouse gain the skills or education needed to join the workforce. This type of support is often temporary. In contrast, permanent alimony may be paid indefinitely if one spouse cannot reasonably support themselves after a long marriage.

Restitutional alimony is another option in South Dakota. This type of support reimburses one spouse for their contribution to the other’s advanced training or education during the marriage. In some cases, a judge might order a lump-sum payment rather than monthly support. This usually occurs during the division of marital property to ensure assets are fairly balanced. Our law firm is prepared to represent you in the Second Judicial Circuit court in Minnehaha County. We also consider how alimony affects other family law matters, such as child support and child custody.

How Property Division Impacts Support

Alimony does not exist in a vacuum. Under South Dakota Codified Law 25-4-44, the court must make an equitable division of property. This means splitting assets and debts in a way that is fair. The court often considers each spouse’s financial condition after marital property is awarded before determining the amount of alimony.

Taking care of your family often means protecting the assets you worked hard to build. If you and your spouse reached an agreement on these issues, the court will likely approve it. But if the parties cannot agree, the judge will decide based on state statutes. Focused on protecting our clients’ best interests, we possess a thorough understanding of the local court system and the factors that influence divorce decisions throughout South Dakota.

Modifications and Termination of Payments

Life changes after a South Dakota divorce. A job loss or a significant increase in income can justify a change in alimony payments. South Dakota law allows the court to modify support as circumstances change. If your situation changes, our family law office can help you file for a modification. Alimony typically terminates if the receiving spouse remarries or if either person dies. Providing for your family remains a priority even as spousal support amounts change.

With more than 100 years of combined experience, the alimony lawyers at our firm are well-equipped to protect your rights in spousal support matters.

Contact Myers Billion, LLP today at 605-501-5762 to schedule a consultation with a spousal support lawyer.