So if you are contemplating divorce, one thing that you may not thought about is your pet. For some people, this is no small issue. It is common to hear people say that their pet is like a member of the family. So, like child custody, perhaps pet custody is an issue that you are going to have to negotiate.

Pet sharing after a divorce makes some sense. The average dog owner spends more than $1,000 a year on Fido, and those with more disposable income drop their animals off at day care, buy them BarkBoxes and health insurance, and snap little raincoats on them when it drizzles. According to a recent report, in 2018, pet spending in the U.S. hit a record $86.7 billion, nearly double what it was just 10 years ago.

Blame the boom on—who else?—millennials, who have fewer children than previous generations and own more animals. In fact, a full 75 percent of Americans in their thirties have dogs and 51 percent have cats, according to a 2016 report. To a generation that’s saddled with student loan debt and concerned about overpopulation, climate change, and the chemicals in American cheese, pets could represent a comforting, safe investment. But what happens when the pet is part and parcel of a household that finds itself upended by separation? A legitimate custody arrangement, in many cases.

For decades, house pets—formally known as companion animals—have largely been treated as property in divorce cases. If you bought the pet or paid the lion’s share of its bills, it was yours. But that’s beginning to change.

Back in 1995, there was a precedent established in Bennett vs. Bennett, a Florida case in which the judge ruled that animals were personal property—much like, say, the Vitamix or the Dyson—and courts therefore didn’t have the authority to grant custody or visitation schedules. But, since 2017, Illinois, Alaska, and, just last month, California have passed bills that change that tune completely, and have empowered judges to consider the well-being of the animal instead of the desires of the human owners—and to assign a joint custody schedule that’s in the critter’s best interest.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

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