Pet Custody in a California Divorce

Who Gets to Keep the Dog or Other Pets in a Divorce?

In California, as of January 1st, 2019, pets are to be treated as more than community (marital) property during a divorce. Pets are often included in the marital estate and are subject to division like other marital assets in divorce cases. Simply put, the care, health, and safety of the pet will be taken into consideration while determining pet ownership in California, where pets are typically classified as community property if acquired during the marriage, affecting how they are treated in pet custody cases.

Under this new law, a judge will be able to settle disagreements over who gets the pet’s possession by considering who will be able to provide best care for the pet. In some pet custody cases, the court may also consider the pet’s best interests, especially when evaluating a shared custody arrangement.

If you have decided to divorce your spouse, you can petition the court for joint or sole ownership of your cat or dog. The judge will have the authority of weighing factors such as — similar to how courts evaluate evidence when a mother seeks full custody of her children in California:

• Who adopted or purchased the pet?
• Who spends more time with the pet?
• Who feeds and walks the pet?
• Who buys the food and pet toys?
• Who takes the pet to the vet?
• Who has primary caregiving responsibilities and a history of pet care?

The answers to these specific questions will help the judge decide which spouse is a better fit to take care of the pet after the marriage is officially over. Courts may also consider other factors, such as financial contributions to pet expenses and the pet’s well being. This new law also makes sure that the pet is taken care of properly while divorce proceedings are underway. Temporary care orders are common in pet custody cases and can help maintain stability for the pet during divorce proceedings. You or your spouse can request an order that would require one of you to care for the pet until your divorce is finalized.

The law allows for flexible arrangements, such as shared custody arrangements or visitation rights, if both parents agree. When seeking joint or sole ownership, the court may award primary custody of the pet to one spouse, or create a shared custody arrangement. The court may also consider whether the pet was considered separate property or spouse owned before the marriage.

Judges have the authority to treat pets differently than other property, especially if the pet is a service animal. Agreements between spouses can include provisions for pet expenses, visitation rights, and arrangements for the pet to move between a parent’s house if there are children involved.

Family dynamics and the emotional connection to a beloved pet can influence the court’s decision. While pets are often treated like other property, recent changes allow courts to consider the pet’s well being and the primary caregiving role. If one spouse is awarded the pet, the court may consider which spouse owned the pet prior to marriage, and whether the pet is considered separate property or part of the marital estate.

If disputes arise and an ex spouse or former spouse does not comply with the court’s order, enforcement actions may be necessary to ensure the agreed-upon pet custody or visitation rights are honored.

How the New Pet Ownership Law in California Works

On September 27th, 2018, the new bill was signed into law by Governor Jerry Brown, who himself is a pet owner. In addition to dogs and cats, this law extends to any animal that can be kept as a household pet. The bill states that family court judges can take into account the “care of the animal” while awarding its sole or joint custody to a spouse.

Before this law, pets were recognized as personal property and were treated as such. For example, before this new bill was passed, it wouldn’t have been unimaginable for a judge to order the pet to be sold and the profits to be split between the divorcing couple if they didn’t reach an agreement regarding the pet custody.

Fortunately, things have changed, and pets are now being recognized as individuals and not personal property like a piece of furniture. Today, pets are considered part of the marital estate and are divided along with other marital assets and other property during divorce proceedings, much like gifts and inherited property in a California divorce. If you and your spouse cannot come to an agreement, the judge now will have the authority to consider factors to find a solution that serves the best interests of your pet as well as yourself.

Comparison to Child Custody in California

When it comes to custody issues in California, there is a clear legal distinction between child custody and pet custody. Child custody is determined strictly by what is in the best interests of the child, with courts considering factors such as the child’s health, safety, and emotional needs. In contrast, pet custody is still primarily treated as a matter of property division, since pets are considered marital property under California law. However, recent changes have allowed courts to look beyond mere property status and consider the well-being of the pet and the emotional connection between the pet and family members, reflecting broader family law insights in California divorce and custody cases.

When determining pet custody, the court may evaluate who has been the primary caregiver, the pet’s living environment, and each spouse’s ability to provide ongoing care, in a way that parallels the factors considered by the court when making child custody orders. While the process does not mirror child custody proceedings, there is a growing recognition that pets are more than just property—they are valued companions whose welfare matters. This evolving approach means that, although pets are included in the equitable distribution of marital property, their best interests and the dynamics of the family are increasingly taken into account when determining pet custody, similar to how California child custody laws in 2025 prioritize a child’s best interests.

The Role of Companion Animals in Divorce Proceedings

Companion animals often hold a special place in the family, providing emotional support and comfort during difficult times. In divorce proceedings, deciding who will retain ownership of the family pet can become a deeply emotional and sometimes contentious issue, especially when other complex matters such as divorce for business owners and division of business assets are also involved. Although pets are considered personal property in the eyes of the law, many divorcing spouses view them as beloved family members, making pet custody disputes particularly challenging.

An experienced Orange County child custody attorney can be invaluable in navigating these disputes, helping to negotiate pet custody agreements that reflect the needs of both the pet and the owners. Options may include shared custody arrangements, sole custody, or a visitation schedule that allows both parties to maintain a relationship with the pet. The goal in determining pet custody is to prioritize the pet’s well-being, ensuring a stable and loving environment after the divorce, just as an Irvine child custody lawyer focused on parenting time seeks stability and continuity for children in custody disputes. By working with a knowledgeable attorney, divorcing spouses can reach a solution that respects the emotional bonds involved and provides for the continued care and happiness of their companion animal.

What Does This New Law Mean For Pet Owners in California?

The new pet ownership law allows the courts to view pet ownership differently than, say, the ownership of the family home in a California divorce or a vehicle. Now the California courts will award ownership based on what is best for the pet.

The courts are now also allowed to create shared or joint ownership agreements for companion animals. In addition, the new bill enables either of the divorcing spouses to request an order where they can take care of the pet until the final ownership decision is made.

In some cases, the soon-to-be-ex-spouses are able to agree to provisions for the care and visitation of a pet, much like parents work through common family law FAQs about custody, visitation, and support. If these agreements are presented to the judge, they can become court orders that are enforceable against a non-compliant spouse.

If the spouses simply cannot reach an agreement – or if a shared ownership arrangement is not possible – the parties can request the court to decide care arrangements.

The court can also enter temporary orders to be put in place until the final arrangements are made at the end of the divorce proceedings. The judge can award joint custody or sole ownership of the pet to either spouse on a set schedule.

Keep in mind that the judge may consider which spouse has taken care of the pet in the past, which spouse feeds and plays with the pet, which spouse will be able to care for the pet in the future, and other similar deliberations that bear upon the care of the animal.

This allows divorcing spouses to prove to the court that sole ownership of the pet should be awarded due to the neglectful behavior of the other party. On the other hand, spouses also have the option to work together to arrange for the care of their pet and agree on a shared ownership schedule.

Remember, it might be best for your pet to have a future with two loving owners to whom they are equally attached. Consult with a caring and trusted California divorce lawyer for the right legal advice.