Who Gets the Dog (or Cat) in a Divorce?
For many people, pets are family — not property. They sleep in your bed, greet you at the door, and got you through the hardest days. But the law doesn't always see it that way. Here's what you need to know about pet custody in divorce.
How Courts View Pets
Historically, courts have treated pets the same way they treat personal property — like a piece of furniture or a car. The question wasn't “who does the dog love more?” but “who owns the dog?” For most of legal history, that was the end of the analysis.
But the law is changing. As of 2024, six states have enacted laws that allow courts to consider the pet's best interest when deciding custody:
- ✓Alaska (2017) — first state to require courts to consider animal well-being
- ✓Illinois (2018) — allows sole or joint ownership based on pet's best interest
- ✓California (2019) — courts may assign sole or joint ownership of community pet
- ✓Maine (2021) — courts consider what is best for the animal
- ✓New Hampshire (2021) — allows courts to order possession based on animal welfare
- ✓New York (2021) — courts consider best interest of the companion animal
This trend is growing. More states are introducing similar legislation each year. Even in states without specific pet custody laws, many judges are beginning to consider the animal's welfare informally.
Factors Courts Consider
Whether your state has a pet best-interest law or treats pets as property, these are the factors that typically influence the decision:
Who bought or adopted the pet?
Was the pet acquired before or during the marriage? A pet you owned before marriage is generally considered separate property. A pet adopted together during the marriage is marital property.
Who is the primary caretaker?
Who feeds the pet, takes them for walks, schedules vet appointments, and handles day-to-day care? Courts give significant weight to the person who has been the pet's primary caregiver.
Who has a better living situation?
A house with a yard versus a small apartment matters. Courts consider which spouse can provide a more suitable environment — space, outdoor access, and a stable routine for the animal.
Are children involved?
When kids are in the picture, pets often go with the children. Courts recognize that separating children from their pet during an already difficult time adds unnecessary emotional harm.
Whose name is on the records?
Vet records, pet registration, microchip registration, and adoption paperwork all matter. The name on these documents can carry significant weight, especially in property-based states.
Pet Custody Agreements
Yes, pet custody agreements are a real thing — and they are becoming increasingly common. You do not have to leave the decision to a judge. Divorcing couples can negotiate their own arrangements and include them in the divorce settlement.
A pet custody agreement can cover:
- •Shared custody schedule — alternating weeks, weekends, or another arrangement that works for both parties and the pet
- •Visitation rights — the non-custodial spouse gets regular time with the pet
- •Veterinary costs — how routine and emergency vet bills are split
- •Decision-making — who makes medical decisions, especially for major procedures
- •Travel and relocation — what happens if one spouse moves to another city or state
Put it in writing as part of your settlement agreement. Informal verbal agreements are difficult to enforce if the other party changes their mind.
How to Protect Your Claim to Your Pet
If keeping your pet is important to you, start building your case now. Documentation is everything.
- 1.Document your caretaking. Save vet receipts, pet food purchases, grooming appointments, and photos of you with your pet. A clear record of daily care speaks louder than words.
- 2.Register the pet in your name if possible. Update the microchip registration, vet records, and any local pet licensing to reflect your name as the owner.
- 3.Keep vet records accessible. Make copies of all vaccination records, medical history, and prescriptions. Store them somewhere your spouse cannot remove or destroy them.
- 4.Do not use the pet as leverage. Using a pet as a bargaining chip (“I'll give you the dog if you give me the car”) can backfire. Courts and mediators look unfavorably on people who treat animals as negotiation tools.
Emotional Support Animals and Working Dogs
If your pet is a registered emotional support animal (ESA) or a trained service dog, special protections may apply. An ESA prescribed by a licensed therapist or psychiatrist is considered part of a medical treatment plan — not just a companion.
Courts are more likely to award an ESA to the spouse with the documented medical need. Similarly, working dogs (guide dogs, therapy dogs, mobility assistance dogs) are almost always kept with the person they serve. If your pet falls into either category, gather your medical documentation, prescription letter, and any training certifications to support your case.
The Practical Truth
Fighting over a pet in court is expensive.
Attorney fees for a contested pet custody dispute typically range from $5,000 to $15,000 — and can go higher if expert witnesses or animal behaviorists are involved. That is money better spent on your pet's actual care.
Mediation or direct negotiation between spouses is almost always the better path. A mediator can help you craft a fair pet custody arrangement in a single session for a fraction of the cost of litigation. Most couples who mediate pet custody reach an agreement that works for both parties — and more importantly, for the animal.
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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Pet custody laws vary significantly by state. The information above provides general guidance but your specific situation may differ.
Always consult with a licensed family law attorney in your state for advice specific to your circumstances. If you are in immediate danger, call 911. For crisis support, contact the National Domestic Violence Hotline at 1-800-799-7233.