Who Gets the Dog in a Divorce? A Family Lawyer Explains

Family lawyer shares who gets the pet in the event of a divorce

Last Updated:May 14, 2026

As of 2024, 66 percent of U.S. households—or 86.9 million homes—own a pet, reports Forbes. That's up from 56 percent in 1988, pet ownership statistics show. With that, the question arises: who gets the pet in the event of a breakup or a divorce? And with the rise of the TikTok trend DINKWAD (double income no kids with a dog), this question is becoming more important, particularly as we see the birth rate decline.

Divorce solicitors Simpson Millar share how divorce agreements including pets have increased and answered the question we're all asking: what happens to the dog in the divorce and what are my rights?

Simpson Millar analyzed search data to understand the rise in divorce with regards to pets, revealing that searches for 'divorce and pets' and other related keywords have increased in the last year. This particular search term has spiked by a staggering 150 percent since June 2023.

“You would need to prove your ownership to gain full custody of your pet.”

Who Gets the Dog in a Divorce?

“Pet disputes between divorcing couples are becoming increasingly common, with many people seeing their pets as part of their family as opposed to an item of property,” says Lorraine Harvey, Partner, Family Law, at Simpson Millar. When modern spouses begin separating their lives, they generally understand the mechanics of distributing financial assets.

Couples routinely negotiate the division of physical and digital wealth—whether that means liquidating shared stock portfolios, transferring cryptocurrency hardware wallets, or splitting cash balances held on the best online poker sites. “However, by law, a pet is considered an item of personal property,” Harvey explains. “Therefore, pets can be legally owned by the person who bought the animal. So, if you did buy your pet and are attempting to divorce your spouse, you would need to prove your ownership to gain full custody of your pet.

“There is an exception to this rule, especially if the pet was gifted to you.”

“However, there is an exception to this rule, especially if the pet was gifted to you. If you are able to prove the pet was gifted, the courts will look in favour of that. But typically speaking, they will look at who bought the animal, the person the pet is registered to, and the person who paid for upkeep such as veterinary bills.”

That said, with the evolution of pets being treated as family (as opposed to property), the laws in your area concerning pet custody may be changing. Factors such as a person's ability and willingness to care for an animal, relationships between a child and an animal, and risks of animal cruelty are often considered in order to determine who gets custody of the pet. Check with a divorce lawyer in your area to get the complete facts.

You CAN get a shared custody agreement for pets, say family lawyers

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“A shared arrangement is absolutely an option,” Harvey continues. “In this case, a solicitor would put together an agreement—consented to by both parties—outlining visitation rights, such as the time one owner will spend with the pet and for how long, as well as other factors, such as costs. It's important to note that this would be legally binding, due to the court's view of a pet as property. Any 'pet maintenance' costs, typically lies with the party that owns the pet.”

How to make shared custody of pets work, according to a family law solicitor

If you're attempting shared custody of your pet, it's important you establish a routine to avoid additional disputes.

This article originally appeared in the award-winning Modern Dog magazine. Subscribe today!