How Property Is Divided in a South Dakota Divorce

In South Dakota, judges divide property in a divorce using a rule called equitable distribution. This means the judge splits property in a way that is fair, but not necessarily equal. Many couples reach their own divorce settlement agreement about how to split things. If they can't agree, a judge decides for them.

Here's an overview of how South Dakota law defines separate versus marital property and what factors determine how property should be split fairly.

What Does Equitable Distribution Mean in South Dakota?

South Dakota is one of the small number of states that allows a judge to divide any property owned by either spouse, even property one spouse inherited or received as a gift, regardless of whose name is on the title. The property must be divided with "regard to equity and the circumstances of the parties."

This is different from most states, where only "marital" property (property earned during the marriage) can be divided, and each spouse keeps their separate property. In South Dakota, separate property isn't off-limits; it's just one factor a judge weighs (more on that below).

An equitable split isn't necessarily an equal split. A judge might split the value of a house, car, or bank account 60/40 if that is fairer than a 50/50 split under the circumstances.

(S.D. Codified Laws § 25-4-44 (2026).)

Marital vs. Separate Property in South Dakota

Even though a South Dakota judge can divide any property, the law still sorts property into two categories to help decide what's fair:

• Marital property is generally property that's earned or bought during the marriage. Property that started as separate property can turn into marital property if it was used for the benefit of the marriage or shared with the other spouse.
• Separate property is property one spouse owned before marriage or received during the marriage as a gift or inheritance. For example, a rare coin collection passed down from a husband's grandfather to the husband alone, or money one spouse inherits from an aunt, usually stays separate property.

The most common types of property a judge divides during a divorce include real estate (like the family home), personal property (like vehicles and jewelry), and income-producing property (like retirement accounts, dividends, or a business).

After the court characterizes any disputed item of property as marital or separate, it must set the property’s value, usually using fair market value or the opinion of a professional appraiser or actuary.

What Factors Do South Dakota Judges Use to Divide Property?

South Dakota's property division statute doesn't list specific factors for a judge to consider. But the South Dakota Supreme Court has laid out factors that a judge must weigh, including:

• how long the marriage lasted
• the value of the property owned by each spouse
• the age of each spouse
• the health of each spouse
• each spouse's ability to earn a living
• each spouse's contribution to acquiring the property (including unpaid work like homemaking and raising children), and
• how much income the property produces.

(S.D. Codified Laws § 25-4-44 (2026); Tuttle v. Tuttle, 399 N.W.2d 876 (S.D. 1987).)

How Does South Dakota Decide Spousal Support (Alimony)?

After dividing property, a South Dakota judge can order one spouse to pay the other spousal support, also called alimony. The purpose of alimony is to help the lower-earning spouse maintain a lifestyle similar to what they had during the marriage. A judge can order alimony for a set number of years or, in rare cases, for life.

(S.D. Codified Laws § 25-4-41 (2026).)

Getting Legal Help

Dividing property can be one of the most contentious issues in a divorce. A divorce lawyer can protect your rights and help you get your fair share of property.

If you can't afford an attorney, South Dakota's Unified Judicial System (UJS) offers family law forms and instructions to start and finalize a divorce. You can also call UJS's Legal Form Help Line for help completing UJS forms.