55-17-9. Matters upon which spouses may agree.
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.
Source: SL 2016, ch 231, §37; SL 2018, ch 275, §30.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 17 - Special Spousal Trusts
Section 55-17-1 - Arrangement qualifying as special spousal trust.
Section 55-17-2 - Required language.
Section 55-17-3 - Classification of property--Interest of each spouse.
Section 55-17-4 - Amendment and revocation.
Section 55-17-6 - Qualified disposition in trust.
Section 55-17-7 - Types of transfers to special spousal trust.
Section 55-17-9 - Matters upon which spouses may agree.
Section 55-17-10 - Right of child to support.
Section 55-17-11 - Creditor rights--Good faith between spouses.
Section 55-17-12 - Bona fide purchasers.