During my marriage I grew my retirement plan. In South Dakota, if I get divorced do I have to share it with my spouse?

 

Generally yes. A retirement plan, to the extent it is earned during the marriage, is marital property. There are two ways to consider the value of the plan. One party can be awarded an interest in the plan and the other can be awarded property with a value that offsets the value of the pension plan. Otherwise, the parties can divide the interest in a pension plan through a document that is called a Qualified Domestic Relations Order (QDRO).

Brooke Swier Schloss
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Estate Planning & Family Law Attorney