Division of Marital Property in South Dakota

South Dakota is an “all property” state. That means when a divorce is granted, a court can make an equitable (or "fair") division of the property belonging to either person, whether the title to the property is in the name of the husband or the wife.

HOW DOES A COURT DIVIDE PROPERTY IN A DIVORCE?

Swier Law Firm Property Division

A court divides property by considering the

(1) length of the marriage;

(2) value of the property owned by the spouses;

(3) age of the spouses;

(4) health of the spouses;

(5) ability of the spouses to earn a living;

(6) contribution of each spouse to accumulating the property; and

(7) income-producing capacity of the property owned by the spouses.

HOW IS THE "FAULT" OF EITHER SPOUSE CONSIDERED IN AWARDING PROPERTY?

Fault is not to be taken into account when awarding property, except as it may be relevant to the acquisition of property during the marriage.

CAN A RETIREMENT PLAN BE CONSIDERED IN AWARDING PROPERTY?

Yes. A retirement plan is generally recognized as a divisible marital asset.

CAN A MILITARY PENSION BE CONSIDERED IN AWARDING PROPERTY?

Yes. A military pension can be considered when dividing marital property.

For more information about property division in our state, download The South Dakota Child Custody and Divorce Handbook™.

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Brooke Swier Schloss
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Estate Planning & Family Law Attorney