Divorce is difficult, but deciding who keeps the dog can turn emotional strain into heartbreak. In California, pets are no longer viewed as just property. Courts now consider them family members with emotional value. But when both spouses want the dog, who actually gets to keep it?
Here’s what the law says about who gets the pet, and what you can do to protect your bond.
California Courts Consider a Pet’s Well-Being, Not Just Ownership
Since 2019, California Family Code § 2605 has given judges the authority to assign ownership of pets based on the animal’s best interest. This marked a shift from treating pets like community property—cars, homes, or furniture—to viewing them as living companions who deserve care and consideration.
Now, the question isn’t, “Who paid for the dog?” Judges now ask, “Who meets the dog’s needs, and who will continue to do so?”
The outcome depends on the dog’s daily life and relationships, not just paperwork.
What Factors Do Judges Consider When Determining Who Gets the Dog?
If no agreement exists, the court examines who plays the bigger role in the dog’s life. While legal ownership still matters, daily caregiving usually carries more weight.
Judges may look at:
- Who regularly feeds, walks, and grooms the dog
- Who schedules and attends vet appointments
- Who provides training, structure, and routine
- The emotional bond between each spouse and the dog
- Which environment best supports the dog’s health and safety
Judges also consider whether a child is emotionally bonded to the dog. If so, and that child lives primarily with one parent, the court may award the dog to preserve the child’s emotional stability.
That connection between child and pet can be a powerful factor, especially when the dog plays a daily role in the child’s comfort or routine.
Can You Share Custody of a Dog in California?
Yes, California law allows divorcing couples to share custody of a dog if it serves the animal’s well-being.
Judges have the authority to order shared custody, visitation schedules, or rotating arrangements. These can include alternating weeks, holidays, or other time splits tailored to the dog’s needs and each person’s availability. However, courts are more likely to approve shared custody when both parties voluntarily agree to it.
If one person refuses to cooperate or if shared care seems disruptive to the dog, the court may instead assign sole ownership. Judges want to avoid arrangements that create instability or conflict for the animal.
What Happens If the Dog Was Owned Before Marriage?
If one spouse brought the dog into the marriage, the court may consider that history. But that doesn’t guarantee they’ll keep it.
If the dog became integrated into shared family life—or if the other spouse took on significant caregiving—judges may treat it as part of the marital dynamic. Courts look at how the dog was cared for, not just who adopted it.
Using joint funds for food, training, medical care, or boarding may also affect the court’s view of ownership.
Are Service or Emotional Support Animals Handled Differently?
Yes, and the distinction matters.
A service animal is assigned to help with a medical or physical disability. These animals are typically non-transferable and must stay with the person who relies on them. If the dog performs medical alerts, mobility assistance, or psychiatric support tasks, the court almost always awards ownership to the person the dog serves.
Emotional support animals, while not protected under the Americans with Disabilities Act, the fact that they’re emotional support animals can still influence custody decisions, especially if the emotional need is documented. Judges may give preference to the person whose mental health depends on the animal, especially when other caregiving factors are equal.
Can Prenuptial or Postnuptial Agreements Decide Who Gets the Dog?
Yes, and they’re often one of the cleanest ways to avoid conflict.
In California, prenuptial and postnuptial agreements can legally include terms about pet ownership. If a couple agrees in writing who will keep the dog in the event of separation, courts generally uphold it, unless it appears abusive or clearly not in the dog’s best interest.
These agreements can cover more than just ownership. They often include expectations around shared time, financial responsibilities like vet care or food, and what happens if one person relocates. For couples who deeply care about a pet, having this conversation early offers clarity and reduces the emotional toll later on.
What If Neither Spouse Will Compromise?
If emotions run high and no agreement can be reached, the court steps in, and it relies on evidence.
You’ll need more than memories or declarations of love. Bring clear documentation showing you were the primary caregiver and can provide the best environment moving forward.
Judges typically look for:
- Vet records in your name
- Proof of daily caregiving (photos, texts, feeding schedules)
- Testimony from third parties (dog walkers, neighbors, trainers)
- Receipts for food, grooming, and boarding
- Stable housing with time and space for the dog’s needs
These records help demonstrate a consistent, meaningful bond—and that you’re equipped to maintain it after divorce.
Mediation May Be the Best Path—For Everyone Involved
Family court is rarely the ideal setting for deciding where a dog should live. Judges are strangers to your pet. You and your spouse, on the other hand, know what matters to the dog.
Mediation offers flexibility. You can create a custom plan for visitation, sharing expenses, and future care decisions. It’s also easier on children, who may already feel emotional strain, and spares the dog from being treated like leverage in court.
Even if the relationship ends, your mutual love for the dog can remain common ground.
Take Steps Now to Protect the Dog You Love
Whether you adopted your dog five years ago or brought it into the marriage, courts now consider the bond, not just ownership.
If divorce is on the horizon, start gathering proof of your role in the dog’s life. Keep vet records, note daily routines, and think ahead about your living situation. Whether through mediation or the courtroom, showing consistent care and a stable environment can make all the difference.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.
For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.
