Your dog doesn’t understand why one parent suddenly disappeared. Your cat gets stressed when shuffled between two homes. For many couples, deciding who keeps the pets causes more heartache than dividing retirement accounts or selling the house. Yet most states still treat these family members as property, like furniture or kitchen appliances.
Our friends at Patterson Bray PLLC discuss how the human-animal bond creates genuine emotional attachment that deserves recognition in family law. A compassionate divorce lawyer understands that your pets are family and can help you work toward solutions that prioritize their wellbeing alongside legal realities.
How Courts Traditionally View Pets
The legal system has been slow to catch up with how people actually view their pets. In most states, animals are still considered personal property under divorce law. This means courts use the same analysis for your Labrador retriever as they would for your television or lawn mower.
Property division follows either community property or equitable distribution principles depending on your state. The court looks at who purchased the pet, whose name appears on veterinary records, and whether the animal was acquired before or during the marriage. If you bought your dog before getting married, it’s typically your separate property. A pet adopted during the marriage becomes marital property subject to division.
This approach ignores the emotional reality of pet ownership. Courts don’t consider which spouse has a stronger bond with the animal or who will provide better care. Traditional property analysis means one spouse gets the pet while the other gets nothing, or the court assigns a monetary value and factors that into the overall asset division.
States Leading The Way On Pet Custody
A handful of states have started treating pets differently. Alaska, Illinois, and California now allow judges to consider the wellbeing of the animal when making custody decisions. These laws represent a significant shift in how family courts approach pet disputes.
Illinois law amended in 2018 permits judges to assign sole or joint ownership of companion animals based on the animal’s best interests. Courts can consider factors like who provided primary care, who paid for veterinary expenses, and which living situation better suits the pet’s needs.
California’s law similarly authorizes judges to assign pet ownership based on care and best interests rather than strict property principles. The court can also order one spouse to pay the other for care costs, similar to child support for human children.
These progressive approaches remain the exception rather than the rule. Most states still apply traditional property division to pets, leaving divorcing couples to fight over animals using property law frameworks that feel inadequate for living creatures with emotional needs.
Creating A Pet Custody Agreement
You don’t have to leave your pet’s future to a judge. Creating a detailed pet custody agreement allows you to craft arrangements that work for your specific situation and prioritize your animal’s needs.
Effective pet custody agreements typically address:
- Where the pet will live primarily and visitation schedules for the other spouse
- Who pays for routine veterinary care, emergency treatment, and pet insurance
- How decisions about medical treatment get made
- Responsibility for daily care including feeding, exercise, and grooming
- Holiday and vacation schedules with the pet
- What happens if one spouse relocates or can no longer care for the animal
Shared custody arrangements work for some couples and pets. You might alternate weeks, split time based on work schedules, or have the pet stay primarily with one person while the other gets regular visitation. The key is creating a schedule that provides stability for the animal while honoring both spouses’ attachments.
Consider your pet’s personality and needs when crafting arrangements. An anxious dog might do better staying primarily in one home with occasional visits to the other spouse. A confident cat might adapt well to alternating between two households. Older animals with health issues need continuity in their care routines and may struggle with frequent transitions.
Financial Considerations For Pet Ownership
Pet ownership costs money, and divorce requires figuring out who pays for what going forward. Annual veterinary care, food, grooming, boarding, and unexpected medical emergencies add up quickly.
The spouse with primary physical custody typically handles day-to-day expenses like food and routine care. Larger expenses such as emergency surgery or ongoing treatment for chronic conditions might be split based on each spouse’s income and resources. Your agreement should specify how these costs get divided and how reimbursement works.
Pet insurance complicates matters if you’ve been paying premiums during the marriage. Decide whether to maintain the policy and who pays the premiums going forward. Some couples continue splitting insurance costs even when only one spouse keeps the pet, especially if the animal has pre-existing conditions that would make new coverage expensive or impossible.
Consider setting aside funds for future pet expenses as part of your settlement. If your dog is likely to need expensive dental work or your cat requires special food for a medical condition, accounting for these costs upfront prevents future disputes.
Documenting Your Role As Primary Caregiver
If you want to keep your pet after divorce, document your role as the primary caregiver. Courts in states with pet custody laws consider who provided the majority of care, and this evidence matters even in traditional property division states when negotiating settlements.
Save veterinary records showing your name and contact information. Keep receipts for pet supplies, grooming, and medications you purchased. If you’re the one who walks the dog, feeds the cat, or administers medication, ask witnesses who can verify this. Neighbors, dog walkers, and veterinary staff can all provide statements about your relationship with the pet.
Photos and videos showing you interacting with your pet help demonstrate the bond you share. Social media posts, while not definitive, can support your claim that you’re the primary caregiver if they consistently show you with the animal.
If your work schedule allows you to be home more often or if you have a better living situation for the pet, gather evidence supporting these facts. A fenced yard matters for dogs. Living in a pet-friendly apartment with no restrictions matters if your spouse’s new place doesn’t allow animals.
When Neither Spouse Can Keep The Pet
Sometimes neither spouse can keep the pet after divorce. Financial constraints, housing restrictions, or lifestyle changes might make pet ownership impractical for both parties. This heartbreaking situation requires thoughtful planning to protect the animal’s interests.
Rehoming to a trusted friend or family member keeps the pet in familiar circles and may allow both spouses to maintain some contact with the animal. Creating a rehoming agreement that specifies visitation rights or updates on the pet’s wellbeing provides peace of mind.
Working with breed-specific rescue organizations or no-kill shelters offers another option if personal rehoming isn’t possible. These organizations thoroughly vet potential adopters and can match your pet with an appropriate new home.
Some couples negotiate a temporary arrangement where one spouse keeps the pet until circumstances change. If you’re moving temporarily for work or dealing with a housing situation that doesn’t allow pets, your ex-spouse might agree to foster the animal with the understanding that you’ll take the pet back when your situation stabilizes.
Protecting Your Pet’s Future
Your pet depends on you to make decisions in their best interests during this difficult transition. Whether you negotiate a shared custody arrangement, one spouse keeps the animal, or you make the difficult choice to rehome, thoughtful planning helps your companion adjust to post-divorce life.
We recognize that pets are family members deserving of careful consideration during divorce proceedings. If you’re facing a pet custody dispute or want to create an agreement that protects your animal companion, let’s talk about options that work for your situation and prioritize your pet’s wellbeing.