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  1. #1
    Join Date
    Dec 2005
    Location
    South Dakota
    Posts
    1

    Default Spousal Support and being disabled

    I live in South Dakota which is an equitable state. I have been getting extreme emotional abuse from my husband. I have talked to professionals that tell me to get out of the house and go to a shelter. He is in the military and retires in 2 years. I know that I will get half his retirement pay when he retires in 2 years. But in the mean time if I leave can I get spousal support from him until his retirement pay becomes active? I am disabled and have been trying to get Social Secuirty Disability for some time now. I can't ever work and worried about how I will be able to support myself. So can I get spousal support from him until his retirement pay begins?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default South Dakota Spousal Support

    You can petition the court for spousal support. Under South Dakota law the court will consider the circumstances of the spouses in determining if temporary or permanent spousal support should be awarded.

    South Dakota courts have applied the following factors in determining if spousal support should be awarded:
    • (1) the duration of the marriage;
      (2) the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;
      (3) the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse’s ability to meet his or her needs independently;
      (4) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market;
      (5) the age of the spouses;
      (6) the physical and emotional conditions of the spouses;
      (7) the fault of the spouses during the marriage. Reasonable security may be required to guarantee the payment of maintenance.

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