South Dakota § 55-17-14 - Unenforceable trusts.
Full text of South Dakota South Dakota Codified Laws § 55-17-14 — Unenforceable trusts., with citation guidance and answers to common questions.
§ 55-17-14. Unenforceable trusts.
A South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:
(1) The trust was unconscionable when made;
(2) The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or
(3) Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought:
(a) Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse;
(b) Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and
(c) Did not have notice of the property or financial obligations of the other spouse.
Whether a South Dakota special spousal trust is unconscionable is determined by a court as a matter of law.
Source: SL 2016, ch 231, § 42.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-17-14
What does South Dakota Codified Laws § 55-17-14 cover?
Section 55-17-14 ("Unenforceable trusts.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 55-17-14?
A common citation format is "South Dakota Codified Laws § 55-17-14" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 55-17-14 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.