{"id":376337,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-marital-property-laws.html"},"modified":"2024-07-12T12:46:44","modified_gmt":"2024-07-12T17:46:44","slug":"south-dakota-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-marital-property-laws.html","title":{"rendered":"South Dakota Marital Property Laws"},"content":{"rendered":"\n
\n \n
\n

South Dakota Marital Property Laws<\/h1>\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

South Dakota is one of 40 equitable distribution states. In these states, courts divide marital property fairly rather than equally in a divorce case. All property acquired during the marriage is marital property, no matter whose name is on the title.<\/p>\r\n

A few states, like California and Texas, are community property states. These states divide marital property 50\/50 between the spouses during divorce proceedings. Every state has its own laws about the division of property<\/a> during divorce.<\/p>\r\n

South Dakota is also an \u201call-property\u201d state. This means there is no separate property exception during the division of marital property. Judges can divide and distribute all property owned during the marriage to either spouse. For this reason, spouses in South Dakota should have prenuptial agreements to protect any valuable assets.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

In general, marital property is all property acquired during the marriage. This includes property purchased or traded for marital assets. It also includes increased value to property due to the efforts of either spouse.<\/p>\r\n

Marital property can include:<\/p>\r\n