What happens to the family pet in a divorce?

Divorce can be emotional for everyone involved, and many families wonder what will happen to their beloved pet. While children are considered in custody decisions, pets are legally treated much differently. This can create unique challenges when couples separate.

Pets as property in the eyes of the law

In New York, pets are legally considered property, but the courts take a more thoughtful approach when deciding who should keep them after a divorce. Under New York Domestic Relations Law §236, judges are required to consider the “best interest of the pet” rather than treating the animal like furniture or other assets. This means ownership decisions often go beyond paperwork such as adoption records or receipts. Instead, the court may look at who has provided daily care, who can best meet the animal’s needs, and which living situation offers the most stability.

Factors that influence ownership decisions

Courts may look at practical details when deciding where a pet should live. Who has the time and space to care for the animal? Who has been the primary caregiver, responsible for feeding, walking, and vet visits? In some cases, evidence such as receipts, veterinary records, or even testimony from friends can show who has been more involved in the pet’s daily care.

Shared custody and visitation arrangements

Although less common, some divorcing couples agree to share time with their pet. This might look similar to child visitation schedules, with pets spending time in each household. These arrangements work well when both parties communicate well and live close enough to make the transition easy on the animal.

Putting the pet’s needs first

While emotions run high during divorce, focusing on the pet’s comfort, stability, and happiness helps guide the decision. Animals thrive on routine and familiarity, so the environment that most supports those needs often becomes the most suitable home.

A pet’s role in a family goes far beyond property. Whether through sole ownership or shared arrangements, thoughtful decisions that put the animal’s well-being first can bring peace of mind to both people and pets as they adjust to a new chapter.