Heads or Tails: Navigating Pet Custody During Divorce

Divorce is rarely easy, and when pets are involved, it can become even more emotionally complex. For many couples, deciding who gets custody of a pet can be as heart-wrenching as dividing financial assets or determining child arrangements.

Legally, pets are considered property in most states—but emotionally, they’re often family. That disconnect between law and love makes navigating pet custody especially challenging.

Cost of Care

A Forbes Advisor analysis found that essential dog expenses cost an average of $1,533 annually. That includes:

• Food, toys, and grooming
• Vaccinations and routine vet visits
• Medications, emergency care, and pet-sitting or boarding

When one person takes full custody, they typically take on the full cost. But in shared custody arrangements, those expenses may need to be divided—and agreed upon—in advance. Who pays for unexpected surgeries? What happens if one person wants to pursue expensive treatment and the other disagrees? Spelling out responsibilities can help avoid future tension.

Formal Pet Custody Agreements

Creating a written agreement can provide clarity and peace of mind. While not legally required, these agreements often outline:

• Who the pet lives with (and when)
• How expenses are split or reimbursed
• Who makes medical and behavioral decisions

Even in states where pet custody laws are still evolving, these types of agreements can be included in a broader divorce settlement and may carry weight if disputes arise later.

Ownership and Value

In most jurisdictions, pets are still technically considered personal property. That means they can be appraised and included in the division of marital assets. While most pets don’t have significant market value, exceptions exist—such as:

• Purebred or show animals
• Pets used for breeding
• Animals with training or work functions (e.g., service or police dogs)

In such cases, one party may need to “buy out” the other’s interest, similar to dividing an art collection or jointly owned business asset.

Legal Fees and Custody Disputes

Pet-related disputes can escalate quickly—and so can legal costs. Courts are only required to address pet custody if one party raises the issue. If it becomes contested, litigation can drag on, driving up attorneys’ fees and emotional strain.

Many couples opt for mediation as a more cost-effective and collaborative alternative. It also often leads to solutions that better reflect the needs of both parties—and the pet.

Pet Trusts and Long-Term Planning

For pets with longer life spans or complex care needs, some individuals establish pet trusts during the divorce process. Though more common in estate planning, a pet trust:

• Provides a funding mechanism for ongoing care
• Names a designated caregiver
• Can define specific standards of living or treatment preferences

This is especially helpful when one party wants assurance that the pet will continue to be cared for, even if circumstances change.

Insurance and Liability

Don’t overlook pet insurance. If a policy was held jointly, it will need to be transferred or reissued under the new primary caregiver’s name. If shared custody is the plan, both parties should understand who is responsible for:

• Maintaining insurance
• Covering deductibles
• Handling any liabilities (e.g., property damage, bites)

This is especially important for pets with behavioral concerns or breeds with legal restrictions.

Putting the Pet First

At the end of the day, decisions about custody should focus on what’s best for the animal. Factors to consider include:

• Which home offers more space and stability
• Proximity to parks, veterinarians, or familiar routines
• Work schedules and availability for daily care
• Housing restrictions (e.g., apartment rules, breed bans)

In some cases, one person may love the pet deeply but recognize that the other party is better equipped to provide daily care.

Looking Ahead

Dividing a life together is never easy. But for many divorcing couples, deciding what happens to the family pet can be one of the most emotional and overlooked aspects of the process.

Approaching pet custody with compassion, foresight, and open communication can ease the transition—not just for the people involved, but for the pet as well. With the right planning, you can ensure your furry companion continues to receive the love and stability they deserve, even in a new chapter of life.

If you’re facing the complexities of divorce and need expert financial guidance, we’re here to help. Connect with us to schedule a consultation and ensure your financial future is secure.