Who Gets Pets in a Divorce?

While states may differ on the issue, most states situate pets as “property.” Meaning that they are supposed to be divided like property. In Kentucky and Ohio, marital property is anything that is acquired during the marriage that is not a gift, inheritance, etc.

So, if you acquired Beethoven before you were married, your chances of maintaining possession are much more likely. (Though not guaranteed because of commingling. Please consult an experienced attorney for your state’s commingling laws.)

Most pet parents do not want to sell their pooch and split the proceeds, so most of the time, one partner agrees to take the pet, while the other partner agrees to forfeit all rights to that pet. However, pets are more important now than ever. Meaning that both partners are unwilling to come to an agreement surrounding the pet. Thus, creating a legal family dispute.

Pet Ownership and Personal Property

So how does a court decide who gets the pet if the parties cannot agree to who should get the pet? As you may imagine, states differ. Some states have moved towards a “best interest” test (Similar to the “best interest” test applied in child custody cases). Other states, like California, have laws that allow judges to provide for joint ownership of a pet in divorce.

In Kentucky and Ohio, pets are still considered property, and each court in that state could differ in their decisions. It is unlikely that a Court would order the parties to enter into a “parenting schedule” with the animals.

Divorce Laws and Your Family Pet

The Court is more likely to consider factors to determine who would best be suited to maintain possession of the animal. Some factors to be considered would be the presence of a backyard, or income, or the presence of a child with a deep bond with the animal, or another number of factors.

Litigation on animal possession in a divorce can be costly, but many clients think it is worth the cost, because, at the end of the day, these animals can be some of the most important assets, and best friends, that a person has.

Divorce proceedings involving pets often require careful consideration of pet ownership as part of the overall property division. Since pets are legally considered personal property, courts typically treat them like other marital assets.

However, the emotional value of a family pet often complicates these cases. In some jurisdictions, courts have begun to incorporate elements of pet custody into their decisions, recognizing the importance of the animal’s welfare and the bond between the pet and each spouse.

Determining pet custody involves assessing which spouse has had primary responsibility for the pet’s care, including feeding, medical care, and daily interaction. Courts may also look at the living situation of each party, such as whether a home has a secure yard or is better suited for the pet’s needs. In many cases, the spouse who can provide a more stable and loving environment is favored.

Some states have enacted divorce laws that allow for shared custody or visitation rights for pets, similar to child custody arrangements. These provisions can be outlined in a written agreement or settlement agreement between the spouses, which the court can approve.

Such agreements may include details about food, veterinary care, and visitation schedules to ensure the pet’s well-being.

Service Animals and Divorce Proceedings

Service animals and companion animals may be treated differently in divorce cases. Service animals, trained to assist a person with disabilities, usually remain with the spouse who relies on them. Emotional support animals, while not always given the same legal consideration, can also be addressed in custody discussions, especially if both parties claim a significant emotional bond.

In many divorce cases, the presence of a service animal is given special status due to the unique role these animals play in supporting their owner’s daily life and independence. Courts generally prioritize maintaining the continuity of care for service animals, recognizing that separating the animal from the spouse who depends on it could significantly impact that person’s quality of life.

For emotional support animals, the situation can be more complex, as the legal protections and recognition vary by jurisdiction. Nonetheless, when both spouses assert a strong emotional connection to the same animal, judges may consider testimony and evidence regarding who primarily provided care and companionship.

Ultimately, the majority of divorce cases involving pets still revolve around property division principles such as community property or equitable distribution.

However, as society’s view of pets evolves, courts and lawyers are increasingly considering the pet’s best interest, reflecting a shift toward recognizing pets as more than just property but as cherished family members. This trend is likely to continue shaping future divorce cases and family law practices.

Moreover, some states are beginning to enact laws that allow courts to consider the well-being of pets in divorce proceedings, including awarding shared custody or visitation rights. These developments acknowledge that pets often hold a unique place in the family dynamic, akin to children, and that their care and stability should be a priority during the emotional upheaval of divorce.

As a result, spouses may negotiate detailed written agreements that outline pet custody arrangements, including provisions for food, veterinary care, and visitation schedules, to ensure the pet’s needs are met regardless of the marital outcome.

In divorce proceedings, it is also important to consider how pet ownership interacts with other assets. While pets are legally considered personal property, their emotional value often exceeds that of other assets, making their custody a priority for many spouses.

Legal professionals advise clients to document their role in pet care and to seek agreements that reflect the pet’s best interest, helping to avoid protracted disputes. Ultimately, the evolving legal landscape around pet custody in divorce highlights the growing recognition of pets as integral members of the family, deserving of protection and thoughtful consideration.