South Dakota Divorce Property Division

What the Law Says

South Dakota courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

South Dakota's §25-4-44 lets the court make “an equitable division of the property belonging to either or both” spouses, whether the title is in the name of the husband or the wife, having “regard for equity and the circumstances of the parties” — an all-property approach. The statute enumerates no factors; South Dakota case law supplies them: the duration of the marriage; the value of the property; the ages of the parties; their health; the parties' competency and earning capacity; each party's contribution to the accumulation of property; and the income-producing capacity of the parties' assets. Fault may not be considered in the division except as it affects the marital estate (§25-4-45.1). There is no statutory presumption of equal division.

Division Factors (S.D. Codified Laws §25-4-44)

What South Dakota courts weigh:

1. Duration of the marriage (South Dakota case-law factor — §25-4-44 enumerates no factors)
2. Value of the property owned by the parties (case-law factor)
3. Ages of the parties (case-law factor)
4. Health of the parties (case-law factor)
5. Competency and earning capacity of the parties (case-law factor)
6. Contribution of each party to the accumulation of the property (case-law factor)
7. Income-producing capacity of the parties' assets (case-law factor)
8. Fault shall not be taken into account in the division of property, except as it may affect the value of the marital estate (SDCL §25-4-45.1)

Common Questions