Many people consider pets to be a crucial part of their family, going so far to call them “fur babies.”
Having a “child-like” pet in your marriage can be wonderful—until you decide to divorce.
Divorcing couples may wonder what will happen to the family pet after a divorce. Is there anything that can be done to maximize your chances of keeping your pet? Is there such a thing as shared custody of a pet?
As, a divorce mediator, I have put together an overview of some of the key considerations for who gets to keep the pets in a divorce in South Carolina.
Pets are Property in South Carolina
It’s important to understand that pets are property under South Carolina law. They are not treated like children. Neither spouse will be granted “custody” of a pet by a court in our state. Instead, a spouse will be granted “ownership” of a pet—just the same as they would be granted ownership of other property.
Because a pet is considered property, it can be categorized as either a marital or non-marital asset.
This categorization can decide who gets to keep the pet.
- A Non-Marital Pet: In South Carolina, the law generally views pets acquired before marriage as the sole property of the original owner. With some limited exceptions, this means that if you brought a pet into the marriage, the law in our state typically recognizes your right to retain ownership of the pet after a divorce.
- A Marital Pet: On the other hand, pets acquired during the marriage fall into a different legal category, recognized as marital property. The South Carolina Bar explains that the equitable property distribution standard applies to these cases. The pet(s) will be split in a manner deemed “fair” by courts. The court will not give “custody” rights to one spouse simply because he or she provided pet care to the pet.
South Carolina Law is Not Well-Equipped to Handle Pets
South Carolina law lacks nuanced provisions for addressing pets’ unique role in the family, often resulting in outcomes that don’t fully consider their welfare or emotional value to their owners.
You cannot easily divide pets. Even if you and your spouse have two dogs, you may not want to split them up. At the same time, the property value of pets—which is simply the replacement value of getting a new animal—is dramatically lower than the sentimental value.
The reality is that treating pets purely as property can overlook their unique role as companions and family members. It is a legal principle that can lead to outcomes that fail to consider the best interests of the pet or the emotional stakes for the owners. In South Carolina, judges have limited tools to craft more fitting solutions.
Divorce Mediation is an Effective Tool to for Pet Ownership
Given the inherent challenges associated with splitting up pets in a divorce, you may be wondering how you and your spouse can work towards a solution. Divorce mediation can be an extremely effective tool. Mediation allows both parties to discuss their wishes and concerns regarding pet ownership in a more informal setting, facilitated by a neutral third party. This process encourages constructive dialogue and mutual agreements, prioritizing the well-being of the pet and the emotional connections involved. A divorcing couple can develop creative solutions that better reflect their needs. You may want to consider:
- Developing a process for shared custody of a pet(s);
- Creating a visitation schedule for the pet(s); and
- Setting aside funds (or promises) for both parties to contribute to costs of pet ownership.
Your divorce mediator can help you consider factors that may influence where you want the pet to end up. For instance, a spouse with more time, space, and resources may be better equipped to care for a pet, especially if it’s larger. Contact Charleston Divorce Mediators @ 843-323-4687
Contact Our Charleston, SC Divorce Mediator Today
At Charleston Divorce Mediators, LLC, it is our mission to help people find low-conflict, affordable, effective solutions. If you have any questions about pets and divorce, please do not hesitate to contact us today to set up your confidential appointment. With an office in Charleston, our team provides divorce mediation services throughout all of South Carolina.
About Kenneth Peck
Kenneth Peck is a certified Charleston Family Court Mediator with more than 40 years of experience as a divorce attorney. He uses his knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.