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.