What Happens to Pets in Divorce?
One of the most painful questions we hear in our Divorce Resource Consults is: “My ex is taking me to court over our dog. What are my rights? What if I lose him?”
If you’ve ever loved a pet, you know they’re not “just animals”—they’re family. When divorce enters the picture, the thought of losing your pet can feel like losing your lifeline. Let’s talk about how courts usually handle this and what you can do.
Pets and the Law
As heartbreaking as it feels, most courts still treat pets as property, similar to a piece of furniture or a car. That means judges often decide who gets the pet based on ownership, purchase records, or whose name is on vet bills or adoption paperwork.
However, more and more courts are beginning to consider the “best interest of the pet,” especially when both spouses are deeply bonded with them. Some judges will weigh who has been the primary caregiver—feeding, walking, vet visits, daily care—and who can provide the most stable environment moving forward.
Contempt Concerns
If your divorce agreement or court orders did not specify who keeps which pet, your ex may try to claim contempt if you took one without agreement. But if there’s no standing order about the animals, a judge may simply see this as part of the larger property division that needs to be worked out. This is where having documentation—receipts, vet records, photos, or testimony about your caregiving—can help show your role in the pet’s life.
The Emotional Side
We know this isn’t just about paperwork. Pets hold us through heartbreak, grief, and change in ways that few humans can. Wanting to keep your dog with you is not petty—it’s deeply human. Divorce takes enough from you; the fear of losing your pet only adds to that pain. Remember: no matter what happens in court, your bond with your pet is real, powerful, and valid.
A Gentle Reminder
Don’t be afraid to bring this issue up in court. Judges see these disputes often, and raising your concerns is not overreacting—it’s advocating for what matters most to you. And as you navigate the heartbreak of divorce, know that protecting your emotional well-being (and the furry companions who comfort you) is just as important as the legal details.
If you’re preparing for divorce or in the middle of it, our free ebook, What to Consider When You’re Considering Divorce, is here to guide you. It includes checklists, scripts, and compassionate advice to help you prepare for the unexpected—whether it’s paperwork, parenting, or pets.
Your fresh start may be messy and painful, but you don’t have to go through it alone.