Nearly all U.S. pet owners (97%) view their pets as part of the family, according to a survey1 and 51% consider them as much a part of their family as a human member. So, it’s no surprise that the well-being of pets is becoming a key consideration in divorce cases.
In a growing trend, there are states that now address dogs’ best interests in divorce proceedings. These states recognize that pets, much like children, deserve special attention when it comes to determining custody and care, ensuring their needs are considered when marriages end.
1. Alaska
Alaska was the first state to pass a law requiring judges to think about what’s best for pets in custody battles. This law, passed in January 17, 2017, allows for shared ownership of pets and makes courts consider the needs of pets during divorce cases.
According to AS 25.24.200 (c), “If an animal is owned by a husband and wife together, provide for the ownership or joint ownership of the animal. The ownership or joint ownership of an animal provided for in a petition under (a) or (b) of this section must take into consideration the well-being of the animal.”(ref)
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Alaska’s law marks a big change in how pets are seen by the legal system, treating them as family members instead of property. The law also allows pets to be included in domestic violence protective orders.
2. California
California has passed a law in 2019 that lets judges decide pet custody based on what’s best for the animal. This law understands that pets aren’t just property to split up, but living beings with feelings and emotional needs.
According to Family Code, §2605, while a case is still being decided, a court can decide who will have sole or shared ownership of pets. They will consider who can take care of the animal, and someone may be required to look after it.
The term ‘care’ in the law ‘includes, but is not limited to preventing harm or cruelty, and providing food, water, veterinary care, and safe shelter.(ref)
When there’s a custody dispute, who takes care of the pet the most and the living conditions are considered. California’s law has set an example for how pets should be treated in legal matters.
3. Illinois
Illinois has also passed a law that treats pets as family members, just like in other states. This law allows judges to think about what is best for the pet when deciding who gets to keep them in divorce cases.
According to §750ILCS 5/503 (n), “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, “companion animal” does not include a service animal.”(ref)
It shows a larger trend happening across the country, where people are recognizing the strong emotional connections they have with their pets. The law goes beyond the old idea of seeing animals as just property and instead acknowledges that pets are an important part of people’s lives and families.
4. Maine
Maine is one of the states that now sees dogs as part of the family in the eyes of the law. The state has passed laws allowing courts to think about what is best for the pets during custody disputes, much like they do for children in divorce cases.
The LD 535, “An Act to Provide for the Well-being of Companion Animals in the Dissolution of Marriages,” considers all relevant factors, “including but not limited to the well-being and basic daily needs of the companion animal.”(ref)
This means that when deciding who gets to keep the dog after a breakup, judges can consider the strong emotional connection between the pet and its owners. This new law reflects the growing idea that pets are important family members, not just property.
5. New York
In New York, new laws have made it clear that pets, like dogs, are now seen as family members by the legal system. When couples go through a divorce, the courts must take into account what is best for the pet when deciding who will keep them.
According to Senate Bill S4248, “The purpose of this legislation is to ensure that the best interests of pets are taken into consideration during divorce or separation proceedings.”(ref)
This change is important because it acknowledges the deep emotional connections between pets and their owners. The law ensures that pets are given more attention and care in these situations, unlike other types of property.
6. Rhode Island
Rhode Island has recently joined the growing number of states that consider the well-being of pets, including dogs, in divorce cases.
The Gen. Laws § 15-5-30 indicates: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal.”(ref)
Rhode Island’s focus on pets’ well-being in divorce cases is a big step in making sure animals are treated fairly in legal issues. It helps the law match up with the real-life feelings and needs of pet owners.
7. Washington D.C.
In April 2023, the Animal Care and Control Omnibus Act of 2022 became law in Washington, D.C. This Act, which was first proposed in 2019, was finally passed in early 2023.
One of the main changes it brings is that pets are no longer treated as just property in divorce cases. D.C. now uses a “best interest” approach when deciding who keeps the pet after a separation, similar to what other places are doing.
The Act updated D.C.’s divorce laws, allowing courts to require one or both people to take care of the pet while the divorce is ongoing, and give either sole or shared ownership of the pet to one or both parties, based on what is best for the pet.(ref)
The law doesn’t explain exactly what “best interest” means for pets, but it’s likely that courts will look at it in a way similar to how they decide what’s best for children in custody cases.
8. New Hampshire
In New Hampshire, when dividing property in a divorce, the care and ownership of pets must consider the animal’s well-being.
New Hampshire’s House Bill 361 changes the divorce property law (RSA 458-16-a): “Tangible property shall include animals. In such cases, the property settlement shall address the care and ownership of the parties’ animals, taking into consideration the animals’ well-being.(ref)
New Hampshire is the first state in New England to follow this standard. The phrase “tangible property shall include animals” differs from other state laws. The law is written in a broad way without strict limits, allowing courts to create specific solutions for different cases.
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Davin is a jack-of-all-trades but has professional training and experience in various home and garden subjects. He leans on other experts when needed and edits and fact-checks all articles.