Section 55-17-14 - Unenforceable trustsA South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:
(1) The trust was unconscionable when made;(2) The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or(3) Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought:(a) Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse;(b) Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and(c) Did not have notice of the property or financial obligations of the other spouse.Whether a South Dakota special spousal trust is unconscionable is determined by a court as a matter of law.