South Dakota Alimony Lawyer

Experienced Family Law Attorneys Brookings, SD

After a divorce, it is common for one spouse to make monetary payments to the other spouse. These payments, referred to as alimony, spousal maintenance or spousal support, are designed to ensure a person has the financial resources he or she needs to maintain the same standard of living he or she had during the marriage.

Depending on the type of arrangement, alimony payments can be made for a short period of time or indefinitely. Alimony payments can also be paid in monthly installments or in one lump sum. There are three main types of spousal support or alimony arrangements:

  • Permanent Alimony: permanent alimony is to be paid indefinitely until there is a significant change in circumstances, such as the spouse receiving support remarries, in which case the circumstances can be reviewed and possibly modified. In addition, spouses requesting permanent alimony must prove their need of support.

  • Rehabilitative Alimony: rehabilitative alimony is only paid until the spouse receiving support has developed the skills needed to obtain a job. This is common in divorce cases in which a spouse stayed home from work to care for children. Once the spouse receiving support secures a job or becomes financially self sufficient, the payments are stopped.

  • Restitutional Alimony: restitutional alimony is a temporary form of alimony in which support is paid while a spouse is going to school or enhancing his or her vocational skills.

Unlike child support, there is not a set formula for determining how much a person will pay in alimony. Some factors a judge will consider when deciding alimony include:

  • The length of the marriage
  • The standard of living the couple shared during the marriage
  • Each spouse's current income
  • Each spouse's vocational skills and his or her ability to earn an income
  • Whether one spouse stayed home during the marriage to take care of children
  • Each spouse's debts and assets
  • The age of each spouse
  • The physical and mental health of each spouse
  • If either spouse has any special needs
  • How marital property was divided

Consult a Skilled South Dakota Alimony Lawyer

Determining spousal support can be a sensitive issue, but it is crucial that an agreement be reached which is fair for both parties. At the Helsper, McCarty and Rasmussen Law Firm, an experienced South Dakota divorce lawyer at our office can provide you with dedicated legal counsel to ensure that you receive or pay the proper amount in alimony. We can review all aspects of your divorce, how your marital property was divided, and the nature of your marriage to determine how much you should be paying or receiving.

Contact a South Dakota lawyer at Helsper, McCarty and Rasmussen Law Firm.