It’s not just the couch and the car—Fido is part of the fight, too.
Below, our friends from Vayman & Teitelbaum, P.C. discuss the realities of pet custody after a breakup.
Dividing assets in a divorce is rarely easy, but for many couples, the most immense heartache isn’t over who gets the house; it’s who gets the dog. Or the cat. Or the parrot, the bunny, even the bearded dragon.
Yes, pet custody is real, and courts across the U.S. are starting to recognise that pets are more than just property, they’re family. But legally speaking, how does that work?
Let’s explore how courts tend to handle pet disputes during divorce, what your rights are, and how to avoid a tug-of-war over your beloved companion.
Are Pets Considered Property In A Divorce?
In most states, yes, pets are legally classified as property, just like a car or a sofa. That means during divorce proceedings, they’re subject to equitable distribution (in states that follow that model) or community property laws.
But here’s the twist: courts are evolving.
A growing number of states have passed laws that allow judges to consider the pet’s well-being in custody decisions. That means instead of just assigning ownership, a judge can look at:
- Who primarily cared for the pet
- Who paid for vet bills, food, and grooming
- Who has the time and space to care for the animal post-divorce
- What living arrangement is in the pet’s best interest
Sound familiar? That’s because pet custody is starting to look a lot like child custody, just fluffier.
Who Gets The Dog (Or Cat, Or Other Pet)?
If you’re heading into a divorce and there’s no prior agreement, courts may consider:
- Original ownership (Who adopted or purchased the pet?)
- Primary caregiver status (Who feeds, walks, and takes the pet to the vet?)
- Bond with children (Is the pet closely bonded with the couple’s kids?)
- Housing situation (Who has the space or lease terms to accommodate a pet?)
- If one person travels often, works long hours, or lives in a pet-free apartment, the court may lean toward giving custody to the other spouse, especially if it’s in the pet’s best interest.
Can We Share Custody Of A Pet?
Absolutely, and in many cases, it’s encouraged. Pet visitation agreements or joint custody arrangements can help both individuals stay involved in the pet’s life without the need for legal battles.
These agreements might include:
- A visitation schedule (Weekends with one person, weekdays with the other)
- Shared costs (Split vet bills, grooming, and food)
- Holiday swaps (Just like with kids!)
- Travel clauses (Who can take the pet on trips, and for how long?)
Keep in mind: these agreements are not always enforceable in court, especially in states that still treat pets strictly as property. But creating one together, ideally with legal guidance, can help avoid conflict.
What If My Ex And I Can’t Agree?
If things get tense, you have a few options:
- Mediation: A neutral third party can help you negotiate a plan that works for both sides (and the pet).
- Court hearing: If you must go to court, prepare evidence of your caregiving role—receipts, photos, vet records, and even witness testimony can help.
- Settlement: Some couples agree that one will keep the pet, and the other will receive compensation or visitation.
Just be sure you’re putting the animal’s emotional needs first. Dogs, especially, can struggle with instability or stress after a divorce.
Don’t Leave Pets Out Of The Prenup
Increasingly, couples are including pet custody clauses in prenuptial or postnuptial agreements, detailing who will retain the pet in the event of divorce. It might sound unromantic, but for pet lovers, it’s a practical piece of mind.
Fur-Ever Family, Even After Divorce
Our pets are an integral part of our hearts and homes. While the law may still be catching up, your pet’s well-being is a priority. With clear communication, thoughtful planning, and legal support of a good custody lawyer, you can create a solution that honours the bond you both share.