The Property Division Factors in South Dakota
South Dakota courts divide property after weighing the duration of the marriage, the value of the property, the parties’ ages, health and earning ability, their contributions and the income-producing capacity of their assets, with no formula.
The factors
Factors the South Dakota Supreme Court considers in dividing marital property (Halbersma v. Halbersma, 2009 SD 98):
| Factor | |
|---|---|
| (1) | The duration of the marriage |
| (2) | The value of the property |
| (3) | The ages of the parties |
| (4) | The health of the parties |
| (5) | The competency of the parties to earn a living |
| (6) | The contribution of each party to the accumulation of the property |
| (7) | The income-producing capacity of the parties’ assets |
Contributions
Contributions are not only financial: homemaking and raising the children count toward accumulating the property.
Earning capacity and health
A spouse with a much lower earning capacity or poor health tends to receive a larger share or more liquid assets, and the property division and alimony are reviewed together.
Valuation
Appraisals, account and retirement statements and business valuations drive the numbers; the court needs evidence of present value, including pensions.
Evidence to gather
Deeds, titles, account and retirement statements, loan balances, tax returns and business records.
Questions to bring to an attorney
Ask which factors fit your facts and how your contributions would be proved.
Next steps
Ask a licensed South Dakota attorney which factors fit your facts and test shares in the South Dakota property division calculator.
Frequently asked questions
What factors does South Dakota use for property division?
Duration of the marriage, value of the property, ages, health and competency to earn, each party's contributions and the income-producing capacity of the assets.
Is there a formula for South Dakota property division?
No. The court has said there is no mathematical formula.
Does homemaking count in South Dakota property division?
Yes, as a contribution to the accumulation of the property.
Do earning capacity and health matter in South Dakota?
Yes. They are factors, and may support a larger or more liquid award.
Where do the South Dakota property factors come from?
From decisions of the South Dakota Supreme Court, because SDCL 25-4-44 lists none.
Official sources
- SDCL 25-4-44: division of property between parties
- SDCL 25-4-45.1: fault not considered in awarding property
- Halbersma v. Halbersma, 2009 SD 98: all property state and the division factors
- South Dakota Supreme Court opinion filed April 11, 2018: classification and the seven factors
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited South Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Dakota attorney.