Step 5: the major issue
Property division
In South Dakota, the property is divided equitably since it is an “equitable distribution” state. If both spouses do not agree about the property distribution, the court will divide the property belonging to either spouse or both of them equitably, whether the title of the property belongs to the wife or the husband.
The court will consider the circumstances and equity of both spouses. When dividing the property, fault will not be considered by the court.
When dividing the property, the court will consider the following:
- Length of marriage.
- Contribution of each spouse to the procurement of the marital property.
- Age and condition of health of each spouse.
- Value of the separate property owned by each spouse.
- Present and future earning capacity of each of the spouses.
- Value of the property being divided and the income potential of the property.
Alimony / Spousal Support
The court may ask one spouse to pay a suitable allowance to support the other spouse for life or for a shorter period that the court feels is fair after considering the circumstances of both spouses and the court may modify its orders.
The court will consider factors like the duration of the marriage, each spouse’s financial resources, each spouse’s health condition, the financial impact of both spouses and the marital fault which caused the divorce (if any) before deciding the spousal support.
Child Custody Laws
When deciding whether the custody of the child will be joint or sole, the court will take into account the best interests of the child.
And, in making the custody decision, the court will consider marital misconduct if it is relevant to the well-being of the child, the wishes of the child based on the age and the maturity of the child and the wishes of the parents.
The gender of the parents does not play a role in the decision of the court.
Child Support
Child support in South Dakota is calculated on the Income Shares Model. And in determining child support, the court will consider each parent’s income and income is defined as:
- Compensation that is paid for the services of an employee, whether wages, salary, bonus, commission, etc.
- Income from self-employment including profit or loss from any business, profession or farm.
- Payments from retirement and pension programs such as veteran or social security benefits, insurance contracts, disability payments, etc.
- Rentals, interest, royalties, dividends or any other profit for capital asset investment.
- Profit or loss from trade, conversion or sale of capital assets.
- Worker’s compensation benefits.
- Unemployment insurance benefits.
- Benefits in place of compensation such as military pay allowances.
If the parents get income from either seasonal employment or any payments other than regular, repeated payments, such type of income will be annualized to calculate the monthly income.
If the income of the parents is not sufficient to meet the needs of the child, then the parents’ assets will be considered. And, if the parents have assets that are not related to income or life insurance, then these will be also be considered. The ability of the parents to borrow may also be used to determine their financial ability