Over the course of my career, I’ve handled hundreds of divorces involving pets, and yes, one of them even went to trial over who would get the couple’s dog. If you’ve ever loved a pet, that probably doesn’t surprise you.
Pets become part of our family. They share our homes, our routines, and our milestones. So when a relationship ends, deciding where the pet goes can become as emotionally charged as deciding where the children live.
So what happens at the end of a relationship if there is a dispute over Rover? Let’s discuss:
The Law on Pets in Divorce
The answer to “who gets the pet?” depends a lot on where you live. Some states still treat pets like property, no different from a sofa or a car. But in New York, where I practice, the law goes a step further. Judges are directed to consider “best interests of all,” which means looking not only at the humans, but at what’s best for the pet, too. That shift reflects how deeply pets are woven into our families.
In order to determine the “best interests of all,” judges may look at who has been the primary caregiver, who covers veterinary care and daily routines, and even which home environment is most stable for the pet. The goal isn’t just to award ownership, but to reach a resolution that respects the bond between people and their animals while promoting the pet’s overall well-being.
Planning Ahead with Agreements
If you’re considering adopting a pet with a partner or spouse, it may feel strange, or even unromantic, to plan for the “what if.” But just as prenups and cohabitation agreements can outline how finances are handled, they can also cover pets. A simple agreement can decide:
- Who gets the pet in the event of a breakup or divorce
- Whether there’s a custody or visitation schedule
- Who pays for food, veterinary care, and other expenses
Why It Matters
Sorting out pet expenses can be surprisingly important.
Years ago, I litigated an ugly case involving a couple’s four cats. The fight wasn’t just about who kept the cats; it spiraled into a dispute over expenses that included pet spas and even bedazzling (yes, really).
By the end, the legal fees far outweighed the cost of caring for the animals. If the couple had agreed on pet responsibilities in advance with a prenup, they could have avoided a drawn-out, expensive court battle. Instead, they spent years fighting in court.
Takeaway
Pets are family, and the law is slowly catching up to that reality. But couples don’t need to wait for a judge to decide. A clear, thoughtful agreement can save heartbreak (and money) down the road, leaving more energy for what really matters: loving the furry family member you share your life with.
Have you experienced a court fight over a pet? What laws applied and what was the result? Discuss in the comments.
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The Divorce Artist™️ 