In most states the law treats the spouses’ ownership and possession of pets or companion animals following divorce like other items of personal property, such as household furnishings. If one spouse owned the pet before the marriage the pet will generally be deemed that spouse’s separate property and ownership and possession will remain with that spouse following divorce. But if the spouses acquired the pet during marriage it will be marital property (community property in community property states) and the court may award ownership of the pet to one spouse as part of the division of the marital property—sometimes using a “best interests” standard similar to the standard used in child custody determinations.

In some divorces the spouses are able to agree to a custody-sharing arrangement for a pet. And a few states (California, Illinois, and Alaska) have enacted statutes that allow family courts to treat the custody and care of children more similarly to care (support) and custody issues for children. In these states the well-being of the pet is the guiding factor for the courts in making such decisions.

In South Dakota, as in most states, pets or companion animals are generally treated as personal property in the event of a divorce. If a pet was owned by one spouse prior to the marriage, it is typically considered that spouse's separate property, and ownership will remain with them after the divorce. Conversely, if the pet was acquired during the marriage, it is considered marital property. South Dakota courts may then decide which spouse receives the pet as part of the division of marital property. While South Dakota does not have specific statutes that address pet custody in the same manner as child custody, courts may still consider the well-being of the pet when making such decisions. However, unlike states such as California, Illinois, and Alaska, South Dakota does not have laws that explicitly require courts to consider the pet's well-being as the primary factor. Spouses in South Dakota may also agree to a custody-sharing arrangement for their pet, which can be formalized in their divorce agreement.