Quick answer: South Dakota is an equitable division state, not a community property state. Under SDCL § 25-4-44, when a divorce is granted, the court may make an equitable division of the property belonging to either or both spouses, whether the title is in the name of the husband or the wife, “having regard for equity and the circumstances of the parties.” The statute does not distinguish marital from separate property, so the court can reach all property, and how and when each asset was acquired is part of what equity requires. The South Dakota Supreme Court weighs the duration of the marriage, the value of the property, the ages of the parties, their health and competency to earn a living, each party’s contribution to the accumulation of the property (homemaking counts) and the income-producing capacity of the assets, with no mathematical formula. Courts classify property as marital or nonmarital, but South Dakota is an “all property state”: all of the divorcing parties’ property is subject to equitable division, and inherited or premarital property is not ipso facto excluded. Fault is not considered in awarding property, except as it may be relevant to the acquisition of property during the marriage (SDCL 25-4-45.1). The court divides the property before it decides alimony.
What the South Dakota statutes say
- Equitable, not equal. There is no percentage or presumption of equal division.
- All property. Title does not limit the court, and the statute makes no marital/separate line.
- No fault. Fault is excluded from the property award.
How the calculator works
You enter the property and debts each spouse holds. Because the court can reach all property, the calculator divides the net total; if part of it came from an inheritance, a gift or the period before the marriage, leave it out to see its effect, or move the slider to reflect how the court might weigh it. The reasoning is in equitable division under SDCL 25-4-44, all property and the fault rule and the property division factors.
Property and alimony
The division comes first and alimony takes account of each spouse’s financial condition after it. See the South Dakota alimony calculator.
Property division across South Dakota
The statute applies in every circuit court, from Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown or Mitchell. The IRS lists nine community property states, and South Dakota is not among them.
Frequently asked questions
Is South Dakota a community property state?
No. South Dakota divides property equitably under SDCL 25-4-44. The IRS lists nine community property states, and South Dakota is not among them.
Does South Dakota split property 50/50 in a divorce?
Not by rule. The court makes an equitable division having regard to the circumstances of the parties.
Does fault matter in South Dakota property division?
No. SDCL 25-4-45.1 says fault is not taken into account in awarding property, except as relevant to the acquisition of property during the marriage.
Is an inheritance divided in a South Dakota divorce?
The statute reaches property belonging to either spouse without a separate-property exception, so the court may consider it; how it was acquired weighs in the equity.
Does title decide ownership in a South Dakota divorce?
No. The court may divide property whether the title is in the husband's or the wife's name.