How pets can complicate divorces

On Behalf of | May 29, 2025 | Divorce |

Generally speaking, any issues that trigger emotional responses have the potential to make divorce more contentious and challenging. People who have children often disagree intensely about how to share parental rights and responsibilities. People who feel an emotional attachment to certain resources may fight tenaciously to retain those assets in the divorce.

Pets are a relatively common complicating factor during divorce proceedings. Spouses may both have a deep emotional bond with the animals that they share. They may find it difficult to agree on how to address their pets when they separate.

Some people have unrealistic expectations about specific divorce concerns, including decisions related to pets. Learning about the law can help people make rational decisions instead of emotional ones.

How does the law handle pet-related issues?

Many pet owners love their companion animals deeply. They invest in premium foods and plenty of toys for enrichment. They take their pets everywhere they can and even integrate them into family holidays or vacations.

Given how important the pets are to the people in the family, it is natural to expect the courts to recognize that value. Some people expect judges to handle pet-related issues the same way they handle custody matters. They might even hope to share pet custody.

While judges as individuals may recognize the intensity of the connection that people have with their pets, they have to apply the law, not their emotions, when handling disputes during divorce proceedings. State statutes do not recognize pets as family members. Instead, they treat them as property.

A judge determines what the pet is worth. They use that value when making other property division decisions. Going to court to fight for the retention of a pet can be an expensive choice. People preparing for divorce may need to think carefully about their circumstances and ability to meet the pet’s needs after the divorce.

Factors ranging from financial instability to rental housing arrangements could impact an individual’s ability to meet the needs of a pet consistently after a divorce. In some cases, making concessions related to pet ownership can lead to goodwill compromises on the part of the other spouse.

Spouses facing emotional divorce-related decisions often need help learning about their rights and planning for the best possible path forward. With support and information about the law, they can set goals that are reasonable and minimize unnecessary conflict.

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