For many couples, pets are more than property—they’re beloved members of the family. When a marriage ends, deciding who gets the family dog, cat, or other pet can be one of the most emotional and contentious parts of a divorce. Unfortunately, the law has not always kept pace with how deeply people value their animals. Understanding how courts approach pet ownership in divorce can help you prepare and protect what matters most.

Are Pets Considered Property in a Divorce?
In most states, pets are still legally classified as personal property. This means that, historically, courts treated pets similarly to furniture, vehicles, or other marital assets. While this approach can feel cold and impersonal, it remains the legal framework in many jurisdictions.
However, the good news is that courts are increasingly recognizing the unique nature of pets. Several states have enacted laws allowing judges to consider the “well-being” or “best interests” of the pet when determining ownership, rather than focusing solely on property division.
Factors Courts May Consider
When deciding who gets the family pet, courts may look at several factors, including:
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Who primarily cared for the pet
Judges often consider who fed the pet, took them to the veterinarian, handled grooming, and managed daily care. -
Who paid for the pet’s expenses
Veterinary bills, food, licensing, training, and pet insurance can all factor into the decision. -
Living arrangements after divorce
A stable environment with sufficient space, time, and financial resources to care for the pet may influence the outcome. -
Children’s relationship with the pet
If children are involved, courts may consider whether keeping the pet with the custodial parent would provide emotional stability for the children. -
Pre-marital ownership
If one spouse owned the pet before the marriage, that spouse may have a stronger claim, particularly if the pet was not treated as shared marital property.
Can Pets Be Jointly Owned After Divorce?
In some cases, couples agree to share custody of a pet, creating a visitation schedule similar to child custody arrangements. While courts are generally hesitant to impose pet custody schedules, they will often approve such arrangements if both parties agree.
Pet custody agreements can outline:
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Where the pet lives
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Visitation schedules
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How veterinary and other expenses are shared
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Who makes medical decisions
These agreements are best handled through negotiation or mediation, rather than leaving the decision entirely up to a judge.
Why Mediation Often Works Best
Because pets are emotionally significant, litigation over pet ownership can become expensive and stressful very quickly. Mediation allows divorcing spouses to reach a personalized agreement that reflects their bond with the pet, rather than relying on a strict legal definition of property.
A mutually agreed-upon solution is often more flexible and humane—and far more satisfying—than a court-imposed ruling.
Steps You Can Take to Protect Your Pet
If you’re concerned about what may happen to your pet during a divorce, consider these proactive steps:
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Gather records showing you as the primary caregiver or payer of expenses
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Keep copies of adoption papers, veterinary records, and licensing documents
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Avoid making unilateral decisions that could appear unfair or retaliatory
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Work with an experienced family law attorney to explore negotiation options
Final Thoughts
Divorce is difficult enough without the added heartbreak of losing a beloved pet. While the law still views pets through a property lens in many cases, courts are increasingly open to considering what arrangement best supports the animal’s care and stability. With thoughtful planning, negotiation, and legal guidance, it’s often possible to reach a solution that honors the bond between you and your pet.
If you’re facing a divorce and have concerns about pet ownership, speaking with a family law attorney can help you understand your rights and options—and protect every member of your family, including the four-legged ones.
Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.
For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.








