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3 issues with shared pet custody after a divorce

On Behalf of | May 16, 2025 | Divorce

For some married couples, adopting pets is an alternative to having children. For others, pets enhance the family unit. They teach children responsibility and provide comfort for everyone in the household.

Regardless of whether divorcing spouses have children, their pets can become a point of contention if they decide to divorce. Some people contemplating divorce think about requesting shared pet custody. The goal may be to maintain the relationship with a companion animal while minimizing opportunities for conflict with their spouses.

Unfortunately, shared pet custody is not a particularly realistic goal in many divorce scenarios. There are many practical factors that people need to consider before proposing shared pet custody.

The courts view pets as property

While spouses view their pets as part of the family, the courts have to employ a more pragmatic approach. Pets are assets, not people. As such, family law judges typically allocate ownership of the pet and do not establish a shared custody arrangement. If spouses cannot resolve matters related to their pets privately, then a judge is likely to include the pet in the property division process.

Pets may struggle with relocations

Dogs generally enjoy riding in cars and may be comfortable living in multiple locations. Most other types of pets, especially cats, may find shared custody arrangements untenable. Most cats detest riding in motor vehicles. They also take weeks to acclimate to a new environment and may act out or attempt to escape after each relocation. Actually moving the pets back and forth between households can be impractical and potentially dangerous.

Sharing pets creates opportunity for conflict

The more matters that spouses have to address with one another after they divorce, the greater the chances of them experiencing major disputes. Spouses without children have to remain in contact because of their shared pets and may find themselves arguing about finances and scheduling. Spouses with children may have additional issues in their dynamic with one another because they attempt to share pet custody. Their frustrations related to pets can complicate their co-parenting relationship.

People who love their pets often need to think carefully about their circumstances when deciding how to address their animals during divorce proceedings. In many cases, spouses have to reach a decision about who takes care of the pet rather than negotiating to share custody.

Being practical when addressing particularly emotional components of an upcoming divorce can help people prepare themselves. Pets may be beloved household members, but sharing pet custody is often more of a challenge than people initially anticipate.