Pets feel like members of your family. They never leave your side and seem to always brighten up your day.
Now divorce threatens your pet’s place in your life.
You may be wondering things like:
- “What will my happen to my pet(s) after I get divorced?”
- “Can a South Carolina Family Law court force my ex-spouse and I share custody of our pet?”
Interestingly, under South Carolina law pets are treated as property during a divorce. This means there are no concepts of ‘visitation rights’ or ‘custody’ like there are for children.
This means Family Law Courts will generally not require or enforce visitation rights.
This can be upsetting to pet owners who view their furry friends as family, but it’s reality of divorce in Charleston. Fortunately, they are alternative options to consider. Below I will answer common questions about pet custody in South Carolina?
Is ‘shared pet custody’ an option for my South Carolina Divorce?
Because pets are treated as property in South Carolina, there is no legal framework for granting shared pet custody as part of a typical divorce. However, it may be possible for you and your spouse to negotiation an arrangement outside of court. This arrangement can then be presented as part of the marital settlement agreement. A judge will still have to sign off on it, but if it appears fair and both parties agree, they are more likely to approve of a pet proposal.
What will happen to our dogs and cats after a Charleston Divorce?
In a typical South Carolina divorce, the pets will either be classified as non-marital property or marital property.
If the pet belonged to one spouse before the marriage, it will generally be considered non-marital property. But if the pet was purchased during the marriage, it will likely be considered marital property. Other factors, like whether the pet was a gift, can also influence this classification.
The classification will determine what happens with the pet. Below is a table showcasing common classification scenarios.
| How and When The Pet Was Acquired | Legal Classification | Likely Outcome |
| Owned before Marriage | Non-Marital Property | Stays with original owner |
| Purchased during Marriage | Marital Property | Spouses must negotiate ownership or create a pet agreement |
| Gifted to a particular spouse from a third party | Non-Marital Property | Stays with spouse it was gifted to |
If the pet is marital property, spouses will need to negotiate who gets to keep the pet. This will happen at the same time you negotiate who keeps other property such as the family home or vehicles.
If the pet is considered non-marital property, then the original owner will retain rights of ownership over the pet.
Can my ex-spouse and I set up a visitation schedule?
As mentioned above, South Carolina doesn’t recognize pet visitation. Because divorce law currently limits how pets are viewed in South Carolina, the only option available to pet owners is to work out a contract between themselves instead. This can include a visitation schedule and lining out shared responsibility for the pet. This agreement will need to be included in the marital settlement agreement and approved by a judge.
Our Charleston Divorce Lawyers Can Help You Find Solutions for Your Pet Concerns
Some states have implemented frameworks for awarding pet custody and visitation rights. Perhaps South Carolina will do so in the future. But for now, existing state laws determine what happens to your pet after a divorce.
I know divorce can be a challenging time for both you and your pets. Understanding the laws in South Carolina is essential for preparing for pet ownership after your divorce. If you’re grappling with these issues, call me today to discuss your options for keeping a relationship with your pet after divorce. Together, we can find a way to ensure your pet remains a cherished part of your life. Call our office today at 843-631-7117.