South Dakota Property Distribution Laws

South Dakota Property Distribution Issues & Resources

South Dakota Property Distribution


Each party will be entitled to retain his or her separate property. Separate property is any property acquired prior to the marriage and any property which a spouse receives by gift or inherits (either before or during a marriage). All other property may be divided by the court based upon the following factors: 

  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

  • the length of the marriage; 

  • the conduct of the spouses during the marriage;

  • the health and ages of the spouses;

  • the amount and sources of income of the spouses; 

  • the occupation and employability of each of the spouses; 

  • the contribution by one spouse to the education, training, licensure, business, or increased earning power of the other; 

  • the need of a custodial parent to occupy or own the marital residence and to use or own the household effects according to the best interests of any children; 

  • either spouse's wasteful dissipation or unfair transfer of any assets in contemplation of divorce;

  • opportunity of each party for future acquisition of assets and income; and 

  • any other factor which is just and proper.

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