{"data":{"id":"us-sd/sdcl-55-17-14","jurisdiction":"us-sd","citation":"SDCL § 55-17-14","heading":"Unenforceable trusts.","body":"A South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:\n(1) The trust was unconscionable when made;\n(2) The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or\n(3) Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought:\n(a) Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse;\n(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\n(c) Did not have notice of the property or financial obligations of the other spouse.\nWhether a South Dakota special spousal trust is unconscionable is determined by a court as a matter of law.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-17. SPECIAL SPOUSAL TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-17-14","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"2829fe98c389e9bd2517a18ff2044d7fb1408dbc38ea3ef2d8ac6438e51411ea","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-17-13","next":"us-sd/sdcl-55-18-1"},"notice":"GroundRules: Original legal text. Not legal advice."}