Who Gets the Pets in a Divorce?

Posted February 15, 2023

Pets are property, but we care for their needs and treat them as family too! They are living beings that require food, water, shelter, veterinary care, and as most people would agree, affection. Because of this dynamic, they have a special place in California divorce proceedings.

In family law cases we characterize and divide property and, separately, create parenting plans for children. What happens with pets?

California law provides some guidance to the Courts as to how to assign “ownership” of a pet (it does not use the word “custody”). The code section falls under the “Division of Property” portion of the family code, but takes into consideration that “pet animals” require ongoing “care.”

In summary, the law gives the Court authority to determine the outcome of two questions:

After one spouse files for divorce, but before the Court awards ownership of the pet(s), with which spouse does the pet(s) stay?
Should the Court order sole or joint ownership of the pet(s)?

The answers depend on case specific facts and a particular judge’s broad discretion. Any spouse seeking temporary care of a pet during the proceedings or a final determination of ownership of a pet should demonstrate at minimum the ability to keep the pet animal safe from harm or cruelty, to provide food, water, veterinary care, and safe and protected shelter, among other case specific factors, which a family law attorney can discuss with the spouse. These additional case specific facts will likely be the deciding factor.

Unfortunately, because pets are property, and afforded no further policy considerations than the protection of their “care,” spouses have no guarantee they will be awarded sole or joint ownership of a pet, and one spouse may be deprived of the pet following the Court’s final determination. [Disclaimer]

It is important to know your rights, responsibilities, and options regarding the marital contract. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

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Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.