An Act to exempt certain retirement funds from division of property in a divorce.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 25-4-44 be AMENDED:
25-4-44. Division of property between parties.
When a divorce is granted, the courts may make an equitable division
of the property belonging to either or both, whether the title to
suchthe
property is in the name of the husband or the wife. In making such
the division of the property, the court shall have regard
for equity and the circumstances of the parties.
For purposes of this section, property does not include any
retirement funds that were acquired before the marriage and held
individually during the marriage in a fund or account exempt from
taxation under the Internal Revenue Code.