South Dakota: Prenup Can’t Limit Alimony

The South Dakota Supreme Court ruled yesterday that a prenuptial agreement cannot limit the alimony between divorcing spouses, because to do would violate public policy. Here’s a story on the ruling from the Argus Leader. And here’s another from the Rapid City Journal. I haven’t been able to find the decision yet on the legal databases.

Here’s some of the Argus Leader story:

The high court noted that it ruled in a 1978 case that provisions of a prenuptial agreement that seek to limit alimony are contrary to South Dakota public policy.

When the Legislature later adopted a uniform law dealing with premarital agreements, lawmakers decided that spousal support rights could not be included in a prenuptial agreement, the justices said.

That means circuit judges are authorized to award support deemed just after a divorce, the Supreme Court said.

Only the Legislature can change state law on prenuptial agreements and judges’ authority to set support awards, the high court said.

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