A person abandoned by his or her spouse is not liable for the spouse's support until the spouse offers to return, unless the spouse was justified by the person's misconduct in abandoning him or her. A person is not liable for a spouse's support when the spouse is living separate by agreement, unless support is stipulated in the agreement.
S.D. Codified Laws § 25-7-3
Abandonment or separation of spouses--Liability for support
Applied in 2 court decisions — leading case Johnson v. Johnson (1996)
Most recently applied in Johnson v. Johnson (March 1996)
Source: SDC 1939, § 14.0211; SL 1984, ch 12, § 48.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.