When a couple decides to part ways, the hardest decisions aren’t always about the house or a bank account—they’re often about the furry family members they both adore. Pets can bring comfort, companionship and joy, which makes the question of who gets to keep them especially emotional.
For many, a dog isn’t just property, they’re family. But when it comes to divorce, the law doesn’t always see it that way.
The well-being of pets in a divorce
Legally, pets are considered personal property, much like furniture or a car. This means the courts may look at who purchased the dog to decide, however this can lead to pets being in unsafe situations.
The good news is, judges are becoming more aware of the emotional bond between people and their pets. In some states, courts are changing how they view pet custody laws. Alaska was the first state in the country to require courts to “take into consideration the well-being of the animal”. This means that there are new factors deciding who gets custody, such as:
- Who pays for the pet’s day-to-today care?
- Who spends time with the pet?
- Is there a history of animal abuse?
- What are the best interests of the animal?
If both spouses want to keep the dog, it can become a point of serious negotiation. Sometimes couples can reach creative agreements, like shared custody or visitation schedules, but these are usually arranged privately and not enforced by the court unless written into a divorce agreement.
Deciding who gets to keep a beloved pet can be one of the most emotional parts of a separation. If you’re facing this difficult situation, having the right legal guidance can help you understand your options and find the best path forward for you and your four-legged friend.