Sanford v. Sanford

South Dakota Supreme Court held alimony waivers in prenups are void as against public policy, but severed the waiver and enforced the remaining property provisions.

Why this case matters

Sanford is the controlling South Dakota authority on the limit of contractual freedom in prenups. For high-net-worth South Dakota couples, the case defines what the agreement can lock in (property) versus what it cannot (support).

The facts

T. Denny Sanford (net worth approximately $55 million) and Colleen (net worth approximately $127,500) signed a prenup in 1995. Both had counsel and exchanged financial disclosures. The agreement waived all of Colleen's alimony rights.

The holding

The South Dakota Supreme Court held that prenuptial waivers of alimony are void as against public policy. But the court severed the alimony waiver and enforced the property provisions of the agreement. The result: Colleen kept her property waiver bargain but recovered her ability to seek alimony.

What it means for you

• South Dakota will not enforce alimony waivers in prenups — they're severed.
• Property provisions in a SD prenup survive even when the support provisions are voided.
• Severability clauses are essential — without one, voiding one provision could threaten the whole agreement.
• For SD drafters, the practical implication is to design property terms that work standalone, without relying on a support waiver.

Primary source

The full opinion is available at: https://law.justia.com/cases/south-dakota/supreme-court/2005/1398.html

South Dakota prenup law in context

South Dakota prenups are governed by S.D. Codified Laws §§25-2-16 to 25-2-25 — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the South Dakota prenup cost guide.

To check whether your specific situation has the kind of risks Sanford v. Sanford identifies, take the 60-second prenup quiz — it applies South Dakota-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in South Dakota.