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South Dakota SD AI draft

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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under South Dakota law:

  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)

Statute / Authority

Citation: S.D. Codified Laws §25-4-44 ↗

Source: https://sdlegislature.gov/Statutes

Source & verification AI draft
Citation
S.D. Codified Laws §25-4-44
Source URL
https://sdlegislature.gov/Statutes
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Reference Library

South Dakota Property Division

South Dakota Codified Laws §25-4-44 authorizes an equitable division of all property belonging to either or both spouses regardless of title, with regard for equity and the circumstances of the parties. The statute lists no factors; South Dakota case law weighs the marriage's duration, the property's value, the parties' ages, health, competency and earning capacity, contributions to accumulation, and the assets' income-producing capacity. Fault is excluded from the division except as it affects the marital estate (§25-4-45.1), and there is no statutory equal-division presumption.

Citation: S.D. Codified Laws §25-4-44

Source: https://sdlegislature.gov/Statutes

Last updated: 2026-07-23T00:37:19.817757

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