The SD Supreme Court handed down one decision this morning,
holding, inter alia:
1) H loses appeal from Divorce Decree
Summary follows:
GOEDEN v. GOEDEN, 2024 S.D. 51: In this divorce proceeding the
trial court found that the parties’ “pre-marital
agreement” was unconscionable and therefore unenforceable. Thereafter, the trial court divided the
parties’ property in a manner which Husband considered inappropriate. Among other issues, the Husband argued that
the trial court’s treatment of his disability pay was erroneous because
disability pay is considered non-marital property. The trial court recognized the general rule
that disability pay is non-marital but also held that once commingled with
marital funds and used for marital purposes, the “non-marital” status transforms
into marital status. Husband also
complains of the consideration of pre-marital assets as marital, once
commingled. Husband also asserts error
in the finding of “extreme cruelty” in his behavior, warranting the granting of
a divorce to W. The SD Supreme Court
rejected all of H’s arguments and affirmed. The Court also awarded W appellate
attorney fees of $4,398, which is 50% of the amount W requested. This decision is unanimous (5-0), with opinion
authored by Justice DeVaney.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
