Pets in Divorce: Who Gets the Dog?

The Short Answer on Who Gets the Pet

In most states, pets are legally classified as personal property. That means a court divides pet ownership the same way it divides furniture, vehicles, and bank accounts — one spouse is awarded the pet, and that decision is final. There is generally no visitation schedule, no shared custody order, and no “best interests of the pet” analysis.

But the law is shifting. A growing number of states — including Alaska, California, Illinois, New Hampshire, Maine, New York, Rhode Island, and Washington, D.C. — now authorize courts to consider the well-being or best interests of the animal when deciding who keeps a pet in divorce. In those jurisdictions, judges can evaluate caregiving history, living conditions, and the emotional bond between each spouse and the pet before making a decision.

Whether you live in a state that treats your dog like a sofa or one that considers your dog’s welfare, understanding the legal framework and your strategic options can make a meaningful difference. This guide covers how courts handle pet custody, what factors matter most, and the practical steps you can take to protect your relationship with your pet. For a broader overview of the divorce process, see our complete guide to divorce.

How Most States Handle Pets: The Property Approach

Under traditional family law, pets are personal property. The court’s job is to determine which spouse owns the asset — not which spouse loves the animal more or provides better care.

Marital vs. separate property. If one spouse owned the pet before the marriage, the pet is typically classified as separate property and stays with that spouse. If the pet was acquired during the marriage, it is marital property subject to division. A pet received as a gift or through inheritance may qualify as separate property, even if acquired during the marriage, depending on state law. The same principles that apply to other assets apply here — our guide to separate vs. marital property explains the distinction in detail.

Who purchased or adopted the pet. Courts often look at whose name is on the adoption paperwork, purchase receipt, or registration documents. Whose name appears on the veterinary records and microchip registration can also be relevant.

No shared custody orders in most states. In property-law states, a judge will not order a visitation schedule for a pet. The pet is awarded to one spouse, and the other spouse has no legal right to see the animal. If you want a shared arrangement, you must negotiate it outside of court and include it in your settlement agreement.

States That Consider the Pet’s Best Interests

A small but growing number of states have moved beyond the property-only approach. These states allow — or require — courts to consider the pet’s well-being when deciding custody.

Alaska (2017) became the first state to require courts to consider the well-being of the animal. Judges in Alaska can award joint custody of pets and establish care arrangements similar to child custody schedules.

Illinois (2018) allows courts to consider the best interests of the animal when allocating sole or joint ownership. The court may consider each spouse’s relationship with the pet, the time and care each spouse has invested, and the pet’s attachment to each person.

California (2019) authorizes courts to assign sole or joint ownership of a community property pet, considering what is in the best interest of the animal. Courts can also issue temporary pet custody orders during the divorce proceeding.

New Hampshire, Maine, New York, and Rhode Island have enacted similar provisions allowing courts to weigh the pet’s care and well-being. Washington, D.C. has also adopted a best-interests framework.

What “best interests” means in practice. In these states, courts evaluate factors such as:

• Which spouse has been the primary daily caregiver (feeding, walking, grooming, veterinary appointments)
• Each spouse’s living situation and whether it is suitable for the pet
• Each spouse’s work schedule and availability to provide care
• The emotional bond between each spouse and the animal
• Any history of animal abuse or neglect
• The wishes of any children in the household regarding the pet

Pending legislation. Several additional states have introduced pet custody bills in recent legislative sessions. Massachusetts, for example, introduced legislation (S.1206/H.1817) in the 2025-26 session to standardize how judges consider pet custody in divorce and separation proceedings. The trend is clearly toward treating pets as more than furniture.

Factors That Influence the Outcome

Whether your state uses a property framework or a best-interests standard, certain factors consistently affect which spouse keeps the pet.

Primary Caregiver

The single most influential factor is who has been the pet’s primary caregiver. Courts and mediators look at who:

• Feeds the pet daily
• Takes the pet for walks and exercise
• Schedules and attends veterinary appointments
• Handles grooming, training, and socialization
• Arranges and pays for boarding, daycare, or pet-sitting
• Is listed as the primary contact on veterinary and microchip records

If you can demonstrate a clear pattern of day-to-day caregiving, you have the strongest possible argument for keeping the pet — regardless of whether your state uses a property or best-interests framework.

Financial Responsibility

Courts also consider who has borne the financial cost of pet ownership. This includes purchase or adoption fees, veterinary bills, food, supplies, insurance, training, and boarding costs. Bank statements, credit card records, and receipts can all serve as evidence.

Children in the Household

When minor children are involved, courts frequently keep the pet with the children. The reasoning is straightforward: divorce already disrupts a child’s life, and separating a child from a beloved pet compounds that disruption. The parent with primary physical custody often receives the pet by default, particularly when the children are strongly bonded with the animal. For more on how custody decisions work, see our guide to how child custody is determined.

Living Situation

A spouse who moves into a small apartment with a no-pets policy is at a practical disadvantage compared to a spouse who remains in the family home with a fenced yard. Courts consider whether each spouse’s post-divorce living situation can reasonably accommodate the pet’s needs — particularly for larger dogs or animals that require outdoor space.

History of Abuse or Neglect

Any documented history of animal abuse or neglect by either spouse is heavily weighted against that party. Veterinary records, animal control reports, and testimony from witnesses can establish this factor. In states with domestic violence protections that extend to pets, a restraining order may include provisions for the pet’s safety. Our guide to domestic violence and divorce covers how protective orders work.

Pet Custody During the Divorce Process

The question of who keeps the pet is not limited to the final divorce decree. It also arises during the divorce proceedings themselves.

Temporary orders. In states like California, courts can issue temporary pet custody orders while the divorce is pending. These orders determine who keeps the pet during the months (or years) between filing and finalization. If your state does not have specific pet custody provisions, the temporary possession of the pet is typically addressed in the initial separation agreement or through informal arrangements.

Do not hide or relocate the pet. Taking the pet and refusing to let the other spouse see it during the divorce process can backfire. Judges look unfavorably on unilateral actions that suggest bad faith. If you want temporary possession, request it formally through your attorney or mediator.

Status quo matters. Courts generally prefer to maintain the status quo during divorce proceedings. If you have been the pet’s primary caregiver and the pet has been living with you since separation, that arrangement is likely to continue unless the other spouse presents a compelling reason to change it.

Your Options for Resolving Pet Custody

Most pet custody disputes are resolved through negotiation rather than litigation. Here are the practical paths available.

Negotiate a Settlement Agreement

The most common and often best approach is to include pet custody terms in your divorce settlement agreement. This allows you and your spouse to create an arrangement that works for both of you — and for the pet — without leaving the decision to a judge who may have limited options under the law.

A well-drafted pet custody agreement can include:

• Primary custody designation — which spouse the pet lives with
• Visitation schedule — specific days, weekends, or holidays when the other spouse has time with the pet
• Financial responsibilities — how veterinary costs, food, insurance, and other expenses are divided
• Decision-making authority — who makes major medical decisions, and whether both parties must agree on elective procedures or end-of-life decisions
• Travel and relocation provisions — what happens if the custodial spouse moves out of state
• Dispute resolution — how disagreements about the pet’s care will be handled (mediation, for example)

Courts will generally enforce these agreements as part of the divorce decree, even in states that do not otherwise recognize pet custody.

Mediation

If you and your spouse cannot agree, divorce mediation is an effective way to resolve pet custody without a courtroom battle. A mediator can help you identify what matters most to each of you and find creative solutions — perhaps one spouse keeps the dog while the other keeps the cat, or the pet follows the children between households.

Litigation

If negotiation and mediation fail, the court will decide. In property-law states, this means one spouse will be awarded the pet as an asset. In best-interests states, the judge has more flexibility. Either way, litigation is expensive, emotionally draining, and leaves the outcome in someone else’s hands.

Protecting Your Pet Before Divorce

If you anticipate a divorce, there are proactive steps you can take to strengthen your position.

Gather documentation. Collect veterinary records, adoption or purchase paperwork, microchip registration, pet insurance policies, receipts for food and supplies, and records of training classes. The more you can demonstrate your involvement in the pet’s life, the stronger your case.

Maintain your role as caregiver. Continue (or increase) your daily involvement in the pet’s care. Be the one who feeds, walks, and takes the pet to appointments. Consistency matters — judges and mediators look at patterns, not isolated events.

Update records. Ensure your name is listed as the primary contact on veterinary records, microchip registration, and any pet insurance policies.

Consider a postnuptial agreement. If you want to formalize pet ownership before filing for divorce, a postnuptial agreement can include provisions specifying who keeps the pet and under what terms.

Do not use the pet as a bargaining chip. According to the American Academy of Matrimonial Lawyers, some spouses initiate pet custody disputes as a negotiating tactic — threatening to fight for the pet to gain leverage on financial issues. This strategy can backfire. Judges recognize it, opposing counsel will call it out, and it can damage your credibility on other issues in the case.

Prenuptial Agreements and Pets

A prenuptial agreement can specify what happens to pets in the event of divorce. If you own a pet before the marriage or plan to acquire one, your prenup can designate the pet as one spouse’s separate property, establish a shared custody framework, or outline financial responsibilities for the pet’s care.

Including pet provisions in a prenup avoids the uncertainty of court adjudication entirely. Courts routinely enforce these provisions as long as the prenup itself meets the requirements for validity in your state. Our guide to prenuptial agreements explains what makes a prenup enforceable.

Multiple Pets, Service Animals, and Special Situations

Multiple pets. When a couple has more than one pet, courts may split them between the spouses or keep them together. If the animals are bonded (they have lived together for years and show signs of distress when separated), some judges will consider keeping them together. There is no legal requirement to do so in most states, but it is a reasonable argument in best-interests jurisdictions.

Service animals and emotional support animals. A service animal trained for a specific spouse’s disability will almost always stay with that spouse. The legal analysis is different from a companion pet — the service animal is a medical necessity, not just property or a companion. Emotional support animals occupy a gray area. While they do not have the same legal protections as service animals, a documented medical need supported by a healthcare provider’s recommendation can strengthen a claim to keep the animal.

Pets acquired after separation. A pet acquired by one spouse after the date of separation is generally that spouse’s separate property and is not subject to division. The date of separation is therefore important — our guide to California’s date of separation rules illustrates how this determination works in one state, though the principle applies broadly.

Breeding animals or pets with monetary value. Show dogs, breeding animals, horses, and other pets with significant monetary value may be treated more like traditional assets. Their financial value becomes part of the property division calculation, and the court may order the pet sold with proceeds divided — or award the animal to one spouse with an offsetting credit to the other.

How Pet Custody Disputes Actually Play Out

Understanding the reality of how these cases unfold can help you set appropriate expectations.

Most cases settle. The vast majority of pet custody disputes are resolved through negotiation. Going to trial over a pet is expensive (attorney fees, potential expert testimony, court costs) and the outcome is unpredictable. Most attorneys will encourage you to reach an agreement.

Judges have limited patience for pet disputes. Family court judges handle child custody, domestic violence, and financial disputes daily. While many judges are sympathetic to the emotional bond between people and their pets, courtroom time dedicated to pet custody is limited. Present your case concisely and focus on documented facts rather than emotional arguments.

Enforcement is the challenge. Even with a court order or settlement agreement, enforcing pet custody or visitation terms can be difficult. If your ex-spouse violates the agreement, your recourse is a contempt motion — which means going back to court. Building a cooperative arrangement from the start is far more practical than relying on enforcement mechanisms.

Frequently Asked Questions

Can I get joint custody of our dog? In Alaska, California, Illinois, and a few other states, courts can order joint custody of a pet. In most states, however, joint custody must be agreed upon by both spouses and included in the settlement agreement — a judge cannot order it unilaterally.

What if we both owned the pet before marriage? If both spouses owned the pet together before marriage (for example, a couple that lived together and adopted a dog before getting married), the pet’s status depends on state law. Some courts look at who was listed on the adoption paperwork; others consider the full history of caregiving.

Does it matter whose name is on the adoption papers? It is one factor, but not dispositive. Courts also consider who paid for the pet, who provided daily care, and — in best-interests states — which spouse can provide the better living situation going forward.

Can a pet be included in a protective order? Yes, in many states. Over 30 states include provisions allowing pets to be included in domestic violence protective orders, preventing an abusive spouse from harming, threatening, or taking the pet.

What if my spouse threatens to have the pet euthanized? If you believe your pet is in danger, contact your attorney immediately. Depending on your state, you may be able to obtain an emergency court order to protect the animal. Document any threats in writing.

The Bottom Line

Pet custody is one of the most emotionally charged issues in divorce, yet the legal framework in most states remains surprisingly basic. The majority of courts still treat pets as property and award them to one spouse without considering the animal’s welfare or the emotional bonds involved.

The law is evolving. More states are adopting best-interests standards, and the trend will likely continue as societal attitudes toward pets shift. But regardless of where you live, your best strategy is the same: document your role as primary caregiver, negotiate a detailed custody agreement as part of your settlement, and address pet custody proactively rather than leaving it to judicial discretion.

If your pet is important to you — and for the 67% of American households that include a pet, they overwhelmingly are — treat this issue with the same seriousness you would bring to any other major aspect of your divorce settlement.