South Dakota Separation Agreement

Updated December 28, 2022

A South Dakota separation agreement enables married couples to set binding rules for a period when they are no longer living together but not yet divorced. Separation agreements can address many of the same issues handled in a divorce, such as spousal support and child custody, but do not obligate the couple to end their marriage.

Couples may prefer separation to divorce for religious obligations, or more practical matters, like being able to remain on one spouse’s health insurance policy.

Is a Separation Agreement Legal in South Dakota?

Yes, spouses can agree to create separation agreements that divide property and settle spousal and child support on their own. If they agree they want to separate but cannot decide on terms of support, one spouse can seek an order for separate maintenance. If the couple’s marriage has irredeemably broken down, they can also petition a court for a legal separation.

Source: § 25-2-13, § 25-4-17.2, § 25-4-40

Legal Separation Requirements

  • Filing Fee: $95
  • Residency: The plaintiff (filing spouse) must be a resident of the state at the time of filing a petition (§ 25-4-30)
  • Where to File: With the Circuit Court covering the county where the filing spouse resides

Related Forms


Postnuptial Agreement

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Marital Settlement Agreement

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