Is South Dakota a Community Property State?
A contested divorce is never a fun experience to go through, but 9 states in the U.S. have attempted to make it an easier process by splitting the couple's assets down the middle, 50/50.
Is South Dakota one of the few states that split things right down the middle in a divorce, or are things done differently in the Mount Rushmore State?
According to Investopedia, here are the 9 community property states:
- New Mexico
As you can see, South Dakota doesn't show up on this list. So, just how is property distributed between two people during a divorce proceeding in South Dakota anyway?
In South Dakota, judges determine who gets certain properties based on the equitable distribution policy. What does that mean? Well, according to the Marital Laws website, judges in an equitable distribution state, such as South Dakota, typically divide properties with approximately 2/3 of assets in the marriage going to the higher-earning spouse, and the remaining 1/3 going to the lower-earning spouse.
For a detailed list of what is legal and binding in the state of South Dakota when filing for divorce, check out the article from Marital Laws, here. It goes in-depth on property division, economic misconduct, nonmonetary contributions, statutory factors, along with other information that could be useful to anyone who is filing for divorce.
The state bar of South Dakota also has valuable information for persons filing for divorce. It can be found here.
Story Source: State Bar of South Dakota
Story Source: Investopedia
Story Source: Quicken Loans
Story Source: Marital Laws
Three of The Best Burgers In South Dakota Are In Sioux Falls