Who Gets the Pets in a California Divorce?

When a marriage ends, dividing property is rarely simple - but what about your pets? For many couples, their dog, cat, or other furry (or scaly) friend isn’t just property - it’s family. So, who gets custody of the pets in a California divorce?

Pets Are No Longer Just “Property” in California

Historically, California courts treated pets like furniture or cars - assets to be awarded to one party during property division. But that changed in 2019, when California enacted Family Code § 2605, giving judges the authority to consider the best interest of the pet when deciding which spouse should keep them.

This law acknowledges that pets are unique and deserve consideration beyond their dollar value.

How the Courts Decide Pet Custody

Under the law, courts may consider several factors, such as:

• Who provides primary care (feeding, walking, vet visits)?

• Who has the stronger emotional bond with the pet?

• Who has the time and lifestyle to care for the animal?

• Whether there’s a history of abuse or neglect (toward the pet or otherwise).

In contentious cases, judges can even order joint custody or shared visitation, though that’s rare and often left up to the parties to negotiate.

Pet Custody Agreements: Avoiding Court Battles

Like child custody, it’s usually better to work out an agreement rather than leave the decision to a judge. A pet custody agreement can spell out:

• Who the pet lives with (and when)

• Who pays for food, vet care, and grooming

• Holiday schedules or travel arrangements

• What happens if one spouse relocates

A strong agreement can reduce conflict and protect your pet from being treated as an afterthought in divorce proceedings.

What About Pets Acquired Before the Marriage?

If one spouse owned the pet before the marriage, it may be considered separate property, and the original owner could keep it. But even in these cases, the court may look at how the pet’s care evolved during the relationship.

Final Thoughts

For many Californians, pets are their closest companions. Divorce doesn’t change that - but it can complicate things. If you’re going through a divorce and worried about who will get your pet, talk to a divorce attorney who understands how to navigate California’s evolving pet custody laws with compassion and strategy.