South Dakota § 55-17-9 Matters upon which spouses may agree.

South Dakota Statutes

§ 55-17-9 — Matters upon which spouses may agree.

South Dakota § 55-17-9

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-17SPECIAL SPOUSAL TRUSTS

This text of South Dakota § 55-17-9 (Matters upon which spouses may agree.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 55-17-9 (2026).

Text

Except as provided in §§ 55-17-10 and 55-17-11 , in a South Dakota special spousal trust, spouses may agree on:

(1)The rights and obligations in the property transferred to the trust, notwithstanding when and where the property is acquired or located;

(2)The management and control of the property transferred to the trust;

(3)The disposition of the property transferred to the trust on dissolution, death, or the occurrence or nonoccurrence of another event; if there is no provision in the governing instrument on disposition of the property transferred to the trust on dissolution, South Dakota law on disposition of property on dissolution applies;

(4)The choice of law governing the interpretation of the trust; and (5) Any other matter that affects the property transferred t

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Except as provided in §§ 55-17-10 and 55-17-11 , in a South Dakota special spousal trust, spouses may agree on: (1) The rights and obligations in the property transferred to the trust, notwithstanding when and where the property is acquired or located; (2) The management and control of the property transferred to the trust; (3) The disposition of the property transferred to the trust on dissolution, death, or the occurrence or nonoccurrence of another event; if there is no provision in the governing instrument on disposition of the property transferred to the trust on dissolution, South Dakota law on disposition of property on dissolution applies; (4) The choice of law governing the interpretation of the trust; and (5) Any other matter that affects the property transferred to the trust and does not violate public policy or a statute imposing a criminal penalty.