Pets Are Property in Divorce

Legally speaking, pets are considered objects — a sofa, a bracelet, a dog — all the same under the law.

The first thing my ex-husband said when we decided to divorce was, “You’re taking the dog.” I was actually really happy about that. Later, he told me he felt guilty for saying it, but it does highlight something important: in many divorces, the family pet — especially the dog — can become a major issue.

I’m Katherine Miller, and I’ve been a divorce attorney in New York City, New York State, and Connecticut for over 30 years. I’ve handled many cases involving pet agreements. Sometimes, it’s simple — for example, the dog or cat just follows the children. Wherever the kids are, that’s where the pet goes, fitting naturally into the custody schedule.

But when there are no children, or that arrangement doesn’t make sense, things can get much more complicated. The law views pets very differently than we do as pet owners. Legally, they’re property. But emotionally, we see them as family — companions with their own personalities and relationships with each of us.

Thankfully, this area of law is starting to evolve, though it remains complex. We’re beginning to see more consideration for what’s in the best interests of the pet — which is a very different question from what’s in the best interests of the children.

These are deeply personal and often emotional issues. I recently recorded a podcast interview with Deborah Hamilton, a leading expert on mediating pet disputes. Click here to listen to her podcast.

And while you’re there, please subscribe to the podcast to stay updated on more conversations about divorce and family law.

Thanks for listening.