Though judgment of divorce is denied, the court may in an action for divorce provide for maintenance of a spouse and the children of the parties, or any of them, by the other spouse.
S.D. Codified Laws § 25-4-39
Separate maintenance granted on denial of divorce
Applied in 3 court decisions — leading case Jasper v. Smith (1995)
Most recently applied in LeFORS v. LeFORS (May 2023)
Source: SDC 1939, § 14.0727; SL 1979, ch 165, § 2.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.