South Dakota Alimony & Spousal Support (2026)
Unlike child support, South Dakota has no fixed formula for how much alimony (spousal support) costs or how long it lasts. A judge decides both based on a list of factors set out in SDCL § 25-4-41. There is no calculator that can honestly give you an exact number here — but the factors below are what actually drives the decision.
What determines alimony in South Dakota
Under SDCL § 25-4-41 (South Dakota Codified Laws § 25-4-41 (Alimony -- Allowance on Granting Divorce)), a court considers:
- Length (duration) of the marriage
- Each party's earning capacity
- Each party's financial condition after the property division
- Each party's age and physical and emotional health
- Standard of living established during the marriage
- Fault or misconduct that contributed to the breakdown of the marriage
Good to know
- SDCL § 25-4-41 itself is short: it just authorizes a court, on granting a divorce, to order one party to pay the other a "suitable allowance" for support, for life or for a shorter period, "as the court may deem just." The statute does not itself list factors.
- The factors above come from South Dakota Supreme Court case law construing that statute, primarily Vandyke v. Choi, 2016 S.D. 91, 888 N.W.2d 557, which restated the standard considerations trial courts must weigh. There is no formula for the amount or duration of alimony in South Dakota — the court weighs these factors case-by-case.
Also need a child support estimate?
Alimony and child support are calculated completely separately in South Dakota. If you also have children, use our free South Dakota child support calculator — that one does compute a real number, based on the official guideline formula.
Frequently asked questions
Is there an alimony formula in South Dakota?
No. SDCL § 25-4-41 only authorizes a court to order a "suitable allowance" for support without setting any formula, percentage, or duration cap. South Dakota courts decide the amount and length case-by-case using factors developed through case law, most notably Vandyke v. Choi (2016).
What factors determine alimony in South Dakota?
South Dakota courts weigh the length of the marriage, each party's earning capacity, each party's financial condition after property is divided, age and health, the standard of living during the marriage, and fault or misconduct contributing to the divorce. These factors come from case law interpreting SDCL § 25-4-41, not from a numbered list in the statute itself.
Source: South Dakota Codified Laws § 25-4-41 (Alimony -- Allowance on Granting Divorce) · Last verified 2026-07-22
Disclaimer: This page explains the general legal framework for alimony in South Dakota and is for informational purposes only — it is not legal advice and does not predict the outcome of any specific case. Laws change; always verify with the official source above or a family law attorney licensed in South Dakota before making decisions.