Who Gets the Dog? Pets in a South Carolina Divorce

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

South Carolina has no statute that gives family courts “custody” power over pets. Dogs, cats and other animals are generally treated as personal property, so a pet is divided like other marital or nonmarital property. Spouses who want something closer to shared time with a pet usually have to agree to it themselves.

Why Pets Are Treated as Property

The custody laws in South Carolina, such as the best interest factors in S.C. Code § 63-15-240, apply to children and only to children. Nothing in the divorce statutes extends those rules to animals. Some other states have passed laws letting judges consider an animal’s well-being, but South Carolina has not.

That means a judge deciding a contested pet dispute is generally applying property law. The first question is whether the pet is marital or nonmarital. If it is marital, it becomes one item in the overall equitable apportionment under S.C. Code § 20-3-620.

This can feel cold to pet owners, but knowing the framework helps you plan. Our page on marital vs. separate property explains the basic categories.

Marital Pet or Nonmarital Pet?

Under S.C. Code § 20-3-630(A), property acquired before the marriage, or received as a gift from someone other than your spouse, is generally nonmarital. Applied to pets:

• A pet you owned before the marriage is generally your nonmarital property, and the court cannot award it to your spouse.
• A pet you adopted or bought together during the marriage is generally marital property.
• A pet given to you by a third party, such as a puppy from your parents, may be nonmarital.
• A pet your spouse gave you is a gift between spouses, which South Carolina treats as marital.

Proof helps. Adoption papers, purchase receipts, breeder contracts and microchip or registration records can show when and how the animal came into the family. These records do not always settle ownership, but they are a good starting point.

What a Court Might Consider in a Contested Case

If spouses cannot agree on a marital pet, the court may award the animal to one spouse as part of dividing the property. Because pets are property, a judge may not order a visitation schedule the way it would for a child. Practical facts that spouses and their attorneys commonly raise include:

• Who has handled the daily feeding, walking, grooming and vet visits
• Who paid for the animal and its care
• Each spouse’s living situation, such as a lease that bans pets or a yard for a large dog
• Work schedules and travel
• Whether the children are strongly attached to the pet and which home they will mainly live in
• Whether the animal is a service or support animal for one spouse or a child

A judge is not required to weigh these in any particular way. A pet usually has little market value, so the dollar value rarely drives the outcome. When the pet is awarded to one spouse, the other may receive other property in the overall division.

Animals With Real Market Value

Not every animal is a household companion. Horses, show dogs, breeding animals and livestock can carry real monetary value, and some generate income through breeding, boarding or competition. Those animals are handled more like other valuable property. The court may need evidence of value, such as a purchase price, sale records for similar animals or an appraisal, and may consider who will keep the related equipment, trailers or boarding contracts.

If an animal is part of a business, its value may be wrapped up in the business itself. Expenses also matter. For example, a spouse who keeps a horse may also take on board, farrier and vet costs, and that can be part of the overall fairness discussion.

Agreements for Shared Time

Spouses have much more flexibility than a judge. A marital settlement agreement can include terms about a pet, and mediation is often a good place to work out the details. Terms people commonly include:

1. Ownership: which spouse owns the pet and holds the registration and microchip.
2. Schedule: whether the pet travels with the children, alternates weeks, or stays in one home with visits.
3. Expenses: how routine vet care, food, grooming and boarding are paid.
4. Major medical decisions: who decides on surgery or end-of-life care, and how large bills are shared.
5. Relocation: what happens if one spouse moves away.
6. Right of first refusal: whether the other spouse gets the pet if the owner can no longer keep it.

Be realistic about enforcement. If a pet-sharing arrangement breaks down, a court may treat it as a property issue rather than a parenting-style schedule. Clear, specific language reduces disputes later.

Pets and Children

For many families, the pet question is really about the children. A schedule where the dog goes back and forth with the children can give kids continuity during a hard time. If your children are close to a pet, it can help to think about the pet when you build the parenting plan, even though the pet is technically property. Our guide on telling your children about divorce offers ideas for helping them through the change.

While the Case Is Pending

• Do not hide or rehome the pet to keep it from your spouse. That can damage your credibility with the court.
• Keep caring for the animal and save receipts for food and vet care.
• Agree on a temporary arrangement in writing if you can, or raise the issue at a temporary hearing.
• Update microchip contact information only by agreement, so the change is not seen as a grab for ownership.

For other questions about dividing property, return to the South Carolina Divorce Guide.

Frequently Asked Questions

Is there pet custody in South Carolina?

No statute provides for pet custody. Pets are generally treated as personal property and divided along with other property, though spouses can agree to shared time.

I had my dog before we married. Can my spouse get it?

A pet acquired before the marriage is generally nonmarital property, which the court cannot divide, unless something during the marriage changed its character.

Can a judge order visitation with a pet?

Because pets are treated as property, a judge may not order a visitation schedule. Spouses can include a schedule in their settlement agreement.

Who pays the vet bills after the divorce?

Generally the owner. If you share a pet, put the expense split in writing in your agreement.

Does it matter who the children live with?

It can be a practical consideration. Many families choose to keep the pet with the children, but there is no rule requiring it.

Sources

• S.C. Code Title 20, Chapter 3 (§§ 20-3-620, 20-3-630)
• S.C. Code Title 63, Chapter 15 (child custody, § 63-15-240)