Who Gets The Dog In A Divorce? Pet Custody Laws By State

In most US states, pets are legally treated as personal property during divorce, meaning courts typically consider them assets to be divided between parties. However, six states—Alaska, California, Illinois, New York, Maine, and New Hampshire—now authorize courts to consider the pet’s wellbeing when determining custody. Courts evaluate who was the primary caregiver, who paid for vet bills and pet expenses, whose name appears on adoption papers, living situations, and emotional bonds with the pet.

If you’re going through divorce and wondering whether you’ll keep your dog, cat, or other pet, here’s what you need to know about how courts decide pet custody, what documentation matters most, which states have “best interest of the pet” laws, and what steps you can take now to protect your relationship with your animal companion.

How Do US Courts Treat Pets in Divorce?

The fundamental legal framework treats pets as personal property in 44 states, similar to furniture, vehicles, or other assets subject to property division. In Pennsylvania, dogs are regarded as personal property, not something that a couple has a right to share equally, with no statute allowing couples to create custody agreements for their dogs when they separate.

In Connecticut, pets are considered “personal property” under Conn. Gen. Stat. § 46b-81 to typically be divided by agreement of the parties. If parties cannot reach agreement, courts decide who gets possession of the pet based on standard property division principles.

The Property-Based Approach

When spouses can’t agree, judges follow principles of property division rather than child custody standards, with timing of acquisition playing a crucial role—separate property if one spouse owned the pet before marriage, or community property if the pet was acquired during marriage.

In property-based states, courts evaluate:

Who purchased or adopted the pet: Documentation showing who paid for the pet carries significant weight
When the pet was acquired: Pets owned before marriage typically remain separate property
Joint funds used for care: Using marital funds for pet care can convert separate property to marital property
Name on ownership documents: Whose name appears on adoption papers, microchip registration, or purchase receipts

Some judges believe pets can be split with each party receiving a pet, while other judges believe that pets raised together should stay together. The approach varies dramatically by individual judge, even within the same state.

States With “Best Interest of the Pet” Laws

Six states have enacted legislation recognizing that pets deserve special consideration beyond mere property status:

Alaska (2017): Alaska was the first state to enact laws where courts must consider the wellbeing of pets in divorce proceedings, with courts able to grant sole or joint custody based on the pet’s welfare. Alaska Stat. § 25.24.160 allows courts to consider the pet’s well-being and grant joint custody.

California (2019): California Family Code Section 2605, effective January 2019, authorizes judges to consider the care and best interest of companion animals when making custody decisions, allowing for joint custody arrangements where both parties share time with the pet.

Courts can take into account factors such as who has been the primary caregiver, who has provided for the pet’s needs, and the emotional attachment between the pet and each party.

Illinois (2018): Illinois Public Act 100-0422 (750 ILCS 5/503) allows courts to consider the pet’s wellbeing but only awards ownership—not custody or visitation schedules. The statute represents a middle ground between pure property treatment and full custody considerations.

New York: New York joins the six states where pets are considered legal family members rather than property, with attorneys and judges making custody decisions similar to child custody based on each person’s ability and willingness to care for the pet and the animal’s wellbeing and safety.

Maine and New Hampshire: Maine and New Hampshire complete the list of six states treating pets as legal family members under the law.

The Shift From Property to Companionship

Over the past decade, growing recognition that pets are sentient beings with their own needs and wellbeing has prompted legislative changes, with pets still technically classified as personal property but new laws crafted to reflect how most people view their pets.

Courts are becoming more progressive, recognizing that both men and women can be equally responsible and attached to their pets, with decisions increasingly based on evidence of each spouse’s involvement in the pet’s care rather than assumptions about gender roles.

What Factors Determine Who Gets the Dog?

Courts—even in property-based states—increasingly consider specific factors beyond simple ownership when determining pet placement.

Primary Caregiver Status

Courts consider which party was the primary caregiver for the pet, including who was responsible for feeding, walking, grooming, and providing medical care.

Evidence Courts Find Persuasive:

Vet bills, receipts for pet food, and testimony from witnesses supporting claims of primary caregiving
Documentation of who scheduled and attended veterinary appointments
Records of who paid for grooming, training classes, and pet supplies
Daily care logs showing feeding schedules and exercise routines
Photos and videos demonstrating regular interaction and bonding

Keeping a daily log of feeding schedules, exercise routines, and vet visits helps solidify devotion, with visual evidence like photos of day-to-day care and special milestones going a long way to demonstrate your role as a caregiver.

Financial Responsibility

The spouse who assumes financial responsibility for the pet’s needs may be viewed favorably by the court.

Courts examine:

Who paid for veterinary care, both routine and emergency
Who purchased food, toys, and pet supplies
Who maintained pet insurance
Who paid for boarding, doggy daycare, or pet sitting services
Bank statements and credit card records showing pet-related expenses

Financial ability matters—which party has the means to pay for food, veterinary bills, and other expenses associated with the pet’s care.

Living Situation and Stability

Judges consider whether each party’s living situation is suitable for the pet, such as if you have sufficient space or outdoor areas.

Relevant Factors:

Size and suitability of living space for the pet’s needs
Pet-friendly housing (some rentals prohibit pets)
Presence of outdoor space or yard
Proximity to parks or walking areas
If one spouse is relocating to a pet-unfriendly environment, it may impact the court’s decision

Emotional Bonds and Attachment

Courts may consider which party has a stronger emotional bond with the pet, or whether one person relies on the animal for emotional support.

Some judges take into account the pet’s best interests similar to child custody cases, including the pet’s attachment to a particular spouse, the spouse’s living situation, and who can provide the most suitable environment for the pet.

Service and Support Animals: If your dog is an emotional support animal or service animal, it is not seen as a family pet and cannot separate from you. Courts recognize that service and emotional support animals provide essential assistance that cannot be divided.

Work Schedules and Availability

The availability of each spouse to provide adequate care and attention to the pet is evaluated.

Courts consider:

Daily work schedules and commute times
Ability to be home during the day or arrange appropriate care
Travel requirements for work
Long-term availability and commitment to pet care

History of Neglect or Abuse

If there is evidence that one party has abused or neglected the animal, this can disqualify them from receiving custody, and courts may also deny custody if there is evidence that a spouse used threats against the pet as leverage during the relationship.

Some courts have removed pets from homes with dangerous aspects, like an unsafe yard or other aggressive dogs in the home.

Children’s Involvement

In several cases, judges ruled that pets would follow the children—possession of the dog would coincide with custody of the children.

This approach recognizes the bond between children and family pets, ensuring continuity for kids during divorce. However, courts must also consider what happens when children grow up and leave home.

State-Specific Pet Custody Approaches

Community Property States

In the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), pets acquired during marriage are presumed to be joint property subject to equal division—though California now also considers the pet’s best interests.

RCW 26.16.030, Washington’s community property law, determines whether a pet is separate property if one spouse owned it before marriage, or community property if acquired during marriage and subject to just and equitable division.

Equitable Distribution States

In the remaining 41 states plus DC, courts divide marital property equitably rather than equally. In Pennsylvania, even though dogs are considered marital personal property, the owner who took better care of the dog will often receive ownership when the marriage ends.

Recent Court Decisions

Pennsylvania (2023): In Baltrusaitis v. Schilpp (March 2023), the Superior Court determined that to keep the dog, the owner must establish a prima facie case showing they clearly own the dog and will most likely prevail, considering factors including who bought the dog license, took the dog to the veterinarian, named the dog, and purchased most of the necessities.

Pennsylvania’s “Barney’s Rule”: In Desanctis v. Pritchard, a husband wanted the court to enforce shared custody of their dog Barney, but the court held this claim was meritless because any terms attempting to award shared custody or visitation of personal property are void, establishing that pets should be included in equitable distribution.

What Documentation Proves Pet Ownership?

Strong documentation significantly improves your chances of keeping your pet in divorce.

Essential Documents

Adoption and Purchase Records:

Documentation such as a receipt from the breeder, adoption papers, or vet bills in their name makes someone more likely to be considered the rightful owner
Contracts showing who signed adoption or purchase agreements
Microchip registration in your name
Pet license registration

Veterinary Records:

Which spouse the pet is registered to in vet records matters significantly
Complete veterinary history showing who scheduled appointments
Receipts for medical treatments and procedures
Prescription records
Emergency care documentation

Financial Records:

Bank statements showing pet supply purchases
Credit card receipts for pet food, toys, and accessories
Pet insurance policies in your name
Receipts for grooming, training, or boarding services
Records of monthly expenses for pet care

Building Your Case

Create a Care Portfolio: Photos of day-to-day care and special milestones demonstrate your role as a caregiver, while videos depicting daily engagement like training tricks or soothing the pet in difficult situations reinforce your case as the primary caretaker.

Organize Documentation:

Keep materials in chronological order and organized so they can easily be accessed during a court proceeding
Create a timeline of pet ownership and care
Maintain a log of daily care activities
Collect witness statements from veterinarians, groomers, or trainers

Track Ongoing Care: Maintaining a log of your time with your pet can be important evidence if you ever need to go to court in the future, documenting walks, feeding schedules, and behavior or health changes.

Pre-Divorce Planning

Prenuptial and Postnuptial Agreements: You can determine custody of the pet through prenuptial or postnuptial agreements—if you create a legally binding prenup or postnup specifying who would keep your pet in a divorce, there would be no arguments about pet custody.

If the couple has a prenuptial or postnuptial agreement addressing pet custody, the court will likely honor this agreement.

“Pet-Nups”: A ‘pet-nup’ can exist as a stand-alone document or as part of a pre-nup, post-nup, or cohabitation agreement, outlining who owns the animal, where it will live, and what access each party would have in the event of separation.

Can You Get Shared Custody of Your Pet?

Shared pet custody arrangements are becoming more common, though legal enforceability varies by state.

States That Allow Shared Custody

California Family Code Section 2605 allows courts to award full or joint ownership, with judges able to factor in the wellbeing and best interest of the pet and decide custody and visitation rights.

California allows joint custody arrangements where both parties can share time with the pet, with judges awarding joint custody based on the dog’s emotional attachment to both owners and their ability to provide care.

Alaska also permits courts to grant joint custody based on the pet’s welfare under its “best interests of the pet” standard.

States With Limited Options

Illinois Public Act 100-0422 only awards ownership of the pet, not custody or visitation, with few judges ruling on visitation arrangements.

Pennsylvania courts held that terms attempting to award shared custody or visitation of personal property are void.

Negotiated Agreements

Some divorcing couples agree to a shared custody arrangement for their pet, involving a schedule where the pet spends time with each spouse on specific days or weeks.

Even in states that don’t recognize shared pet custody legally, couples can negotiate private agreements:

Creating a Pet Custody Plan: Details should include who will be responsible for the pet’s care in an emergency, how vet and other care expenses will be divided, and what happens if one of you wants to change the custody arrangement in the future.

Financial Considerations: The agreement can cover financial considerations such as vet bills, food, and insurance.

Communication Protocols: Figure out communication style for situations like custody exchange delays—texting no less than an hour before any delay—and consider keeping a “pet custody log” detailing walks, feeding schedule, and behavior or health changes.

Challenges With Shared Custody

Shared custody sometimes creates problems because there is no explicit legal authority for such verdicts and no agency to monitor or police such orders, with some couples returning to already-busy courts because they’re unable to get along in attempting to carry out the judge’s orders.

Finding an amicable joint custody arrangement is best done outside of court or through mediation—once you bring the case to court, you will likely have to live with the judge’s decision.

The Pet Custody Dispute Process

Timeline and Costs

Pet custody disputes can significantly extend divorce proceedings and increase legal costs. The timeline depends on whether you negotiate privately, use mediation, or litigate in court.

Uncontested Agreement:

Timeline: Days to weeks
Costs: Minimal (attorney consultation fees)
Process: Direct negotiation between spouses

Mediation:

Timeline: 1-3 months
Costs: $1,000-$5,000 (mediator fees plus attorney consultations)
Process: Neutral third-party facilitates agreement

Litigation:

Timeline: 6-18 months (added to divorce timeline)
Costs: $5,000-$15,000+ (attorney fees, expert witnesses, court costs)
Process: Court hearings, evidence presentation, judge’s ruling

Steps in the Process

1. Initial Petition: Address pet custody in your divorce petition or response. In California, you would address pet custody in your response to the petition, and in the interim while the case is pending, you can file a Request for Order to get temporary custody/visitation orders for the pets.

2. Temporary Orders: Courts can enter orders requiring a party to care for a pet prior to final ownership determination. Request temporary custody orders to maintain stability during proceedings.

3. Discovery and Documentation: Gather evidence of care by documenting who feeds, walks, trains, and takes the pet to the vet, with receipts and schedules helping establish responsibility.

4. Negotiation or Mediation: Alternative dispute resolution methods including mediation or collaborative divorce prevent animosity and encourage win-win settlements involving pet custody.

5. Court Hearing: In a recent Hartford County case, an attorney requested and was granted a hearing on the sole issue of placement of dogs, calling both parties to the stand and introducing evidence in the form of photographs of the dogs together and the living arrangements, with a tearful victory when the Judge ordered that the dogs stay together with the client.

Judicial Discretion

There can be great deal of variation in the amount of evidence judges are willing to consider regarding placement of pets—some judges allow parties to testify about their relationship with the pet and pets’ relationships with each other, while others are less inclined to go into such depth.

In Missouri, a court may be persuaded to assign a pet to the owner who will most likely look after it, with courts potentially ordering a pet custody evaluation conducted by a qualified professional such as a veterinarian or animal behaviorist.

Recent Legal Developments in Pet Custody

2025 UK Development

In January 2025, UK courts began considering the welfare of the family pet as an important factor in deciding who the pet should remain with following separation, not just in accordance with evidence of ownership, considering factors such as who was the primary caregiver, who the pet has lived with post-separation, and the best environment for the pet’s wellbeing.

California’s Continued Evolution

California’s 2019 law (AB 2274) continues to influence how courts handle pet custody disputes. The bill’s sponsor, Assemblymember Bill Quirk, was inspired to introduce the bill based in part on his experience rescuing a dog, with the original bill having stronger language requiring rather than authorizing courts to act in the pet’s best interests.

Growing Trend Toward Recognition

Because pets are becoming such a big part of our lives, some courts are beginning to treat pets more like children, with courts considering the best interest of pets and awarding shared custody, visitation, and alimony payments to owners.

Pet custody arrangements are on the rise nationwide.

“Petimony” Awards

Some courts have awarded “petimony,” an alimony-like payment for maintenance costs of the pet to the custodial owner from the non-custodial owner.

This emerging practice recognizes ongoing financial obligations for pet care, though it remains rare and without clear legal precedent in most jurisdictions.

What You Should Do Now to Protect Your Rights

Immediate Actions

Document Everything: Keep receipts from when you got/adopted the pet, and if the pet was taken in as a stray, keep vet bills and other documents showing you paid for the pet’s care and when you began caring for it.

Gather Evidence of Primary Care:

Compile veterinary records with your name
Collect receipts for all pet-related expenses
Create photo and video documentation
Request statements from veterinarians, groomers, or trainers
Document daily care routines

Secure Important Documents:

Original adoption or purchase papers
Microchip registration
Pet license
Veterinary records
Pet insurance policies
Training certificates

Consider Your Pet’s Best Interests

Plan for the pet’s wellbeing by prioritizing the stability and safety of your pet over fairness between spouses.

Think about the long-term commitment required to care for your pet—ensure that whoever takes on primary custody is fully prepared to meet their needs for the duration of their life, including not only daily care and financial responsibilities but also the emotional commitment to providing a loving and stable home.

Explore Settlement Options

Negotiate Directly: Discuss finances and responsibilities by agreeing on how food, vet bills, grooming, and other expenses will be divided and recorded, then include the agreement in your divorce settlement to make custody terms enforceable.

Consider Mediation: Mediation is a wonderful alternative to litigation, providing opportunity for meaningful negotiation and resolution by both parties regarding arrangements from joint custody to a pet custody agreement.

Creative Solutions: You may keep the pet but also have a pet sitter when you are gone, appeasing your spouse—solutions like these can help you reach an amicable solution and get the judge to award you primary custody.

Understand Your State’s Law

Research whether your state has specific pet custody statutes or follows traditional property division:

Best interest states (Alaska, California, Illinois, New York, Maine, New Hampshire): Emphasize caregiving evidence and pet welfare
Property states: Focus on ownership documentation and who purchased the pet
Community property states: Understand separate vs. marital property classifications

Consult a Family Law Attorney

It is crucial to seek advice from a specialist lawyer if a pet custody dispute is likely on relationship breakdown.

An experienced family law attorney can:

Advise on your state’s specific approach to pet custody
Help gather and organize evidence
Negotiate settlement terms
Present your case effectively if litigation becomes necessary
Draft enforceable pet custody agreements

Frequently Asked Questions

Are pets considered property in divorce?

Yes, in 44 states pets are legally treated as personal property subject to division like other marital assets. Only six states (Alaska, California, Illinois, New York, Maine, and New Hampshire) have laws authorizing courts to consider the pet’s best interests when determining custody.

Can I get shared custody of my dog?

Yes, couples can create their own agreement to share time, costs, and decision-making for a pet, even if their state doesn’t have specific pet custody laws. California and Alaska specifically allow courts to award shared custody. In other states, shared custody requires negotiated agreements between spouses, which may not be legally enforceable.

What if my spouse paid for the pet but I took care of it?

Proving primary caregiving through documentation like adoption records, vet bills, and microchip registration can strengthen your case in court. Courts increasingly consider who provided daily care, not just who purchased the pet initially. Strong evidence of primary caregiving can overcome initial ownership claims.

Can a judge force us to sell our pet?

Judges rarely opt to sell the pet and divide the proceeds among parties, but they do have the power to do so. This outcome is extremely rare and typically only occurs in highly contentious cases where neither party will compromise.

What happens if I move to another state with my pet after divorce?

If your divorce decree states you share the dog evenly, both you and your ex-spouse have rights to the dog, and if you want to relocate with the dog and your ex disagrees, it could lead to a legal dispute. The relocating party should notify the other and offer reasonable access, with disagreements potentially requiring mediation or court modification of custody terms.

Do prenups cover pet custody?

Yes, if you create a legally binding prenup or postnup specifying who would keep your pet in a divorce, there would be no arguments about pet custody—a legal prenup or postnup is a binding document.

How much does a pet custody battle cost?

Pet custody litigation can cost $5,000-$15,000 or more in attorney fees, expert witnesses, and court costs. Mediation costs significantly less at $1,000-$5,000. Direct negotiation with legal consultation is the most cost-effective option.

What evidence should I present to prove I’m the primary caregiver?

Evidence such as vet bills, receipts for pet food, and testimony from witnesses can support claims of primary caregiving. Also present daily care logs, photos and videos of your interactions with the pet, training certificates, and statements from veterinarians, groomers, or trainers who know you as the primary caregiver.

Official Resources:

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah