Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide

Deciding who keeps the family pets during a divorce can be an emotionally charged decision. While pets are often seen as family members, the law typically classifies them as property—but there are options to make this process more humane and fair.

Legal Classification: Pets as Property

In most states, pets are legally considered property, similar to cars or furniture.
This means that the court may award the pet to one party without considering “visitation” or shared custody.

Options for Pet Custody Arrangements

Even though pets are property under the law, many couples work out their own pet custody agreements:

Sole Ownership

One person takes full responsibility for the pet, including care and expenses.
This is the simplest arrangement legally, but emotionally challenging.

Shared Custody

Pets move between both households, much like children in joint custody.
Owners share responsibilities like veterinary care, food, and grooming.

Visitation Rights

If one spouse gets primary custody, the other may have scheduled visitation rights—weekends, holidays, or specific days of the week.

Split Custody (if multiple pets)

If you have more than one pet, sometimes one spouse takes one, and the other takes the second.
This can reduce conflict but may separate bonded pets.

Factors Courts Might Consider (In Pet-Friendly States)

In some states like California, Alaska, and Illinois, the court may consider the pet’s best interests, including:

Who is the primary caregiver? (feeding, walking, vet appointments)
Who has the financial stability to care for the pet?
Who has the living situation best suited for the pet’s needs (yard space, safety)?
Evidence of attachment: Courts may look at who the pet is more bonded to.

Mediation as an Option

If you can’t agree, you may consider mediation to work out a pet custody schedule.
A mediator can help both parties discuss emotional and practical aspects of pet care.

Create a Pet Custody Agreement

If you and your ex reach an understanding, put it in writing:

Primary Residence: Who the pet lives with most of the time.
Visitation Schedule: Days, times, and holiday plans.
Veterinary Care: Who pays for routine visits and emergencies?
Food and Supplies: Who handles daily expenses?
Relocation Terms: What happens if one of you moves far away?

Example Scenario:

You and your ex share a dog named Luna. You both agree that Luna is happier when she has consistency, so you set up a schedule where she stays with you during the week and spends weekends with your ex. You split the vet bills 50/50 and agree to communicate about any major health decisions.

Get more info with The Divorce Guide →

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