On this page you can find all of the exemptions for South Dakota. Exemptions are the property that you can keep when you file bankruptcy.
CATEGORY
PROPERTY
AMOUNT
STATUTE
Homestead
Homestead of resident family
100%
SDCL §§ 43-31-1, 43-45-3
Wages / Wage Garnishment
Wages exempt from garnishment for support
50% if supporting other spouse or children 40% if not
SDCL § 21-18-52
Wages / Wage Garnishment
Aggregate disposable earnings
The greater of 80% or 40 times the Federal minimum hourly wage per week, plus $25 per week for each dependent family member residing with the debtor (not applicable to support orders or bankruptcy proceedings)
SDCL § 21-18-51
Wages / Wage Garnishment
60 days earnings
100% (if needed to support family)
SDCL § 15-20-12
Wages / Wage Garnishment
Earnings of prisoners on work release
100%
SDCL § 24-8-10
Insurance
Proceeds of life insurance policy payable to insured's estate when insured dies leaving surviving widow, husband or children (includes cash surrender value of policy, see Schuler v. Johnson, 61 S.D. 141, 246 N.W. 632)
$10,000
SDCL § 43-45-6
Insurance
Proceeds of life or health insurance policies (includes cash surrender value, see Magnuson v. Wagner, 1 F. 2d 99)
$20,000
SDCL § 58-12-4
Insurance
Fraternal Benefit Society benefits
100%
SDCL § 58-37A-18
Insurance
Proceeds of life or health insurance or endowment policy
$20,000
SDCL § 58-12-4
Insurance
Annuity contract benefits
$250 per month
SDCL §§ 58-12-6, 7, 8
Personal Property
All property in South Dakota if judgment is in favor of another state for failure to pay that state's income tax or benefits of a pension or other retirement plan of South Dakota resident
100%
SDCL § 43-45-2
Personal Property
Personal property of any kind
$6,000 for head of family
$4,000 for any other person
SDCL § 43-45-4
Personal Property
Family Bible, school books and library
$200 (absolute exemption)
SDCL § 43-45-2
Personal Property
Family pictures, pew in place of worship, lots in burial ground, wearing apparel of debtor and family, and one-year’s provisions for debtor and family
100% (absolute exemption)
SDCL § 43-45-2
Pensions / Retirement Accounts
City retirement systems and pensions
100%
SDCL § 9-16-47
Pensions / Retirement Accounts
Public Employees Retirement System benefits
100%
SDCL § 3-12-115
Pensions / Retirement Accounts
Assets and benefits of I.R.C.-qualified employee benefit plans
$1,000,000 and income and distributions therefrom
SDCL § 43-45-16
Public Benefits
Victim’s compensation award
100%
SDCL § 23A-28B-24
Public Benefits
Unemployment compensation benefits
100% (except support obligations)
SDCL § 61-6-28
Public Benefits
Workmen's compensation benefits
100% (except support obligations)
SDCL § 62-4-42
Public Benefits
Temporary assistance to needy families
100%
SDCL § 28-7A-18
Miscellaneous
Partner’s right in partnership property
100%
SDCL § 48-7A-501
If you want to learn more about filing bankruptcy in South Dakota please visit our FAQ Page or for more information about South Dakota you can visit the South Dakota section.
