Legal Ownership of Pets After Separation

For many families, pets are more than animals—they’re companions, sources of comfort, and integral members of the household. So when a couple separates or divorces, determining who will keep the family pet can quickly become one of the most emotional aspects of the process.

Yet despite their importance, pets are not always given the legal recognition they deserve in family law proceedings.

Pets Are Still Considered Property in Most States

Legally speaking, the vast majority of U.S. states still classify pets as personal property. This means that during a divorce, deciding who gets the pet is often treated in the same manner as deciding who gets the car, the furniture, or the house.

Unless parties can come to an agreement, courts will typically look at factors such as:

• Who purchased or adopted the pet
• Whose name is listed on vet records or microchips
• Who paid for pet-related expenses

This approach often fails to account for the pet’s well-being or the emotional bonds between the pet and its human caregivers.

Progress in Pet Custody Legislation

In recent years, several states have taken steps toward a more nuanced approach to pet custody. These jurisdictions allow courts to consider the best interests of the pet—a framework more similar to child custody considerations.

States with pet custody legislation include:

• California
• Alaska
• Illinois
• New York

In these states, courts may evaluate:

• Which party has served as the primary caretaker
• Who has the means and lifestyle to provide proper care
• The emotional attachment between each party and the pet

This evolving legal trend recognizes the real-life role pets play in families and aims to support their continued care post-divorce.

Pet Custody Agreements and Planning Ahead

Whether or not you live in a state with pet custody laws, it is possible—and advisable—to create a written pet custody agreement. This can outline:

• Custody or visitation schedules
• Responsibilities for vet care, food, and grooming
• Emergency decision-making authority
• Relocation terms and conditions

These agreements can be particularly useful in contested divorces, cohabitation separations, or even between unmarried partners sharing pet ownership.

When Disputes Arise

If no agreement is reached and no applicable pet custody statute exists, the decision may rest entirely in the hands of the court, with property law guiding the outcome. Unfortunately, this can leave one party devastated and the pet caught in the middle of a legal gray area.

Because of this, resolving the issue outside of court through negotiation, mediation, or collaborative law is often the best path forward.

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At our firm, we understand that pets are family.
If you’re facing a legal separation and unsure about what happens next for your pet, we’re here to help you make informed, compassionate decisions—while protecting your legal rights.