If the court finds the omitted assets were intentionally concealed by the nonmoving party or the nonmoving party's agent, the court may order an equitable division of the omitted assets' appreciated value, a forfeiture of the omitted assets to the moving party, or any other appropriate distribution. In addition, the court may award either compensatory damages or punitive damages, or both, to the moving party.
S.D. Codified Laws § 25-4-77
Remedies for intentional concealment of omitted assets
Applied in 1 court decision — leading case Trumble v. Trumble (2025)
Most recently applied in Trumble v. Trumble (November 2025)
Source: SL 2013, ch 118, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.