A couple new to seeking a divorce may be surprised to discover that most states treat pets as property—the person who bought the pet is likely to get it. The courts have historically given little consideration to the bond between a person and a pet.
Thankfully, the laws in various states are beginning to change to factor in that, like children, pets need to be placed with someone who has the deepest bond with them and can take care of them. Some couples also add a clause regarding pet custody in their prenuptial agreement.
Today, we will explain in detail who actually owns the pet in divorce, how to determine ownership of the pet, how to prove pet ownership, and which states have specific pet custody laws.
Who Owns a Pet in a Divorce?
If you brought the pet into the marriage, you are considered the primary owner and will likely get the pet. If you bought or adopted the pet with your spouse, the court must consider whose money was used to purchase the pet, provide veterinarian care, and pay for other related expenses.
In divorce scenarios involving children, the court often considers giving the pet to the parent living with the children. Since a pet is treated like property in most jurisdictions, it can easily become marital property even if you came with it into the marriage—due to commingling.
A pet can become a marital property if marital funds are used to care for its needs, such as buying food and paying vet bills.
How to Determine the Ownership of The Pet
Couples who fail to agree on who should get the pet may require legal intervention to determine pet ownership. Judges often consider certain factors before awarding custody in jurisdictions with no pet custody laws or a prenuptial agreement regarding a pet's physical custody.
They not only consider the animal as property worth a certain amount but holistically look at other factors such as:
- The person named in the ownership papers and whether they paid for the pet.
- Who fed the pet, took it to the vet, groomed it, and ensured it exercised.
- Who has been paying for the expenses directly involved with the pet?
- The work and personal schedule of each spouse to determine who will have time to give it sufficient care.
- The person with enough room to offer a proper home for the pet
- If there is history of animal abuse or neglect from either spouse.
- How dependent is either couple to the pet?
After analyzing these factors, the judge can give sole custody to one person or joint custody to both parties. In joint custody, the couple must create a pet custody agreement that outlines how they will share physical custody and pet responsibilities.
Proving You are the Primary Caregiver
If you can prove you are rightfully the primary pet owner, your case will probably be easy for the judge to decide, even without a divorce agreement. The following are examples of documentation you need to provide to prove your case:
- Purchase or adoption records with evidence showing you registered the pet in your name.
- Microchip record showing the service provider registered the pet in your name.
- Veterinary bills or other records showing you took care of the treatment.
- Receipts or other written evidence of being responsible for purchasing the pet food, toys, and other pet-related items
- Records such as photos and pet care routine schedules show your involvement in the pet's life.
In addition to proving your deep investment in the pet's life, you must show the judge you have the ability and means to take care of the pet if awarded physical custody.
What to Do When You Have a Pet with Your Ex
If you have an ex whom you are not married to, your situation is treated differently because there are no specific laws dealing with pet custody matters in unmarried couples. For this reason, you may have to take your partner to court to get ownership of your pet.
When pursuing a pet custody lawsuit, ensure you have enough evidence showing you are the primary caregiver. Otherwise, you risk losing the case after all the effort made.
Pets Custody Laws by State
As mentioned earlier, few states have specific laws regarding pet custody that address the pet's well-being—similar to that of a child during a divorce. If you live in a state without these laws, you can either agree privately with your spouse on who gets the pet or go to court and let a judge decide.
The following table outlines the states that go the extra mile to have specific pet custody laws.
| State | Pet Custody Law |
|---|---|
| Alaska | Gives sole or joint custody after considering evidence |
| California | Awards custody to who will offer the best care |
| Illinois | Sole or joint custody for the pet's well-being |
| Maine | Considers various factors in giving custody |
| New Hampshire | Takes into account the pet's overall well-being |
| New York | Considers the pet's best interest |
| Rhode Island | Factors in the best interest of the pet |
| Washington DC | Considers the pet's well-being |
Texas and Vermont still consider a pet as property, but they take into account multiple factors in special circumstances, as seen in the case of Hament vs. Baker in Vermont. The rest of the states award custody to whoever purchased the pet or is the primary caregiver.
If you receive joint custody with your former spouse, you can create a pet custody agreement outlining how to spend time and care for the pet. On the other hand, if you receive sole custody, you can still create one if your ex wins visitation rights and you want everything spelled out.
Make sure your divorce agreement reflects these wishes.
Start your Divorce Agreement now
Helpful Resources:
A couple new to seeking a divorce may be surprised to discover that most states treat pets as property—the person who bought the pet is likely to get it. The courts have historically given little consideration to the bond between a person and a pet.
Thankfully, the laws in various states are beginning to change to factor in that, like children, pets need to be placed with someone who has the deepest bond with them and can take care of them. Some couples also add a clause regarding pet custody in their prenuptial agreement.
Today, we will explain in detail who actually owns the pet in divorce, how to determine ownership of the pet, how to prove pet ownership, and which states have specific pet custody laws.
Who Owns a Pet in a Divorce?
If you brought the pet into the marriage, you are considered the primary owner and will likely get the pet. If you bought or adopted the pet with your spouse, the court must consider whose money was used to purchase the pet, provide veterinarian care, and pay for other related expenses.
In divorce scenarios involving children, the court often considers giving the pet to the parent living with the children. Since a pet is treated like property in most jurisdictions, it can easily become marital property even if you came with it into the marriage—due to commingling.
A pet can become a marital property if marital funds are used to care for its needs, such as buying food and paying vet bills.
How to Determine the Ownership of The Pet
Couples who fail to agree on who should get the pet may require legal intervention to determine pet ownership. Judges often consider certain factors before awarding custody in jurisdictions with no pet custody laws or a prenuptial agreement regarding a pet's physical custody.
They not only consider the animal as property worth a certain amount but holistically look at other factors such as:
- The person named in the ownership papers and whether they paid for the pet.
- Who fed the pet, took it to the vet, groomed it, and ensured it exercised.
- Who has been paying for the expenses directly involved with the pet?
- The work and personal schedule of each spouse to determine who will have time to give it sufficient care.
- The person with enough room to offer a proper home for the pet
- If there is history of animal abuse or neglect from either spouse.
- How dependent is either couple to the pet?
After analyzing these factors, the judge can give sole custody to one person or joint custody to both parties. In joint custody, the couple must create a pet custody agreement that outlines how they will share physical custody and pet responsibilities.
Proving You are the Primary Caregiver
If you can prove you are rightfully the primary pet owner, your case will probably be easy for the judge to decide, even without a divorce agreement. The following are examples of documentation you need to provide to prove your case:
- Purchase or adoption records with evidence showing you registered the pet in your name.
- Microchip record showing the service provider registered the pet in your name.
- Veterinary bills or other records showing you took care of the treatment.
- Receipts or other written evidence of being responsible for purchasing the pet food, toys, and other pet-related items
- Records such as photos and pet care routine schedules show your involvement in the pet's life.
In addition to proving your deep investment in the pet's life, you must show the judge you have the ability and means to take care of the pet if awarded physical custody.
What to Do When You Have a Pet with Your Ex
If you have an ex whom you are not married to, your situation is treated differently because there are no specific laws dealing with pet custody matters in unmarried couples. For this reason, you may have to take your partner to court to get ownership of your pet.
When pursuing a pet custody lawsuit, ensure you have enough evidence showing you are the primary caregiver. Otherwise, you risk losing the case after all the effort made.
Pets Custody Laws by State
As mentioned earlier, few states have specific laws regarding pet custody that address the pet's well-being—similar to that of a child during a divorce. If you live in a state without these laws, you can either agree privately with your spouse on who gets the pet or go to court and let a judge decide.
The following table outlines the states that go the extra mile to have specific pet custody laws.
| State | Pet Custody Law |
|---|---|
| Alaska | Gives sole or joint custody after considering evidence |
| California | Awards custody to who will offer the best care |
| Illinois | Sole or joint custody for the pet's well-being |
| Maine | Considers various factors in giving custody |
| New Hampshire | Takes into account the pet's overall well-being |
| New York | Considers the pet's best interest |
| Rhode Island | Factors in the best interest of the pet |
| Washington DC | Considers the pet's well-being |
Texas and Vermont still consider a pet as property, but they take into account multiple factors in special circumstances, as seen in the case of Hament vs. Baker in Vermont. The rest of the states award custody to whoever purchased the pet or is the primary caregiver.
If you receive joint custody with your former spouse, you can create a pet custody agreement outlining how to spend time and care for the pet. On the other hand, if you receive sole custody, you can still create one if your ex wins visitation rights and you want everything spelled out.
Make sure your divorce agreement reflects these wishes.
Start your Divorce Agreement now
Helpful Resources:
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