Who Gets the Family Pet in a California Divorce?

Who gets to keep the dog in a California divorce? Much like children, pets can become the central focus of ownership disputes in a divorce, even though they are not human. State law increasingly recognizes a furry friend’s unique role in the family.

For decades, courts considered family pets such as dogs, cats, birds, hamsters, or any other family pet to be community property assets, like a house or car. That changed in 2019.

History of Pet Ownership

On Sept. 27, 2018, California Gov. Jerry Brown signed Assembly Bill 2274, enabling California courts to treat pets couples acquire during the marriage differently from other property. The bill allowed courts to rule in the best interests of the pet and assign full or joint ownership to either or both spouses. The law took effect on Jan. 1, 2019. California Family Law section 2605 codified AB 2274.

Who gets the family pet?

Every pet ownership battle is different. California courts consider the “care” of the pet animal when assigning sole or joint ownership. The definition of the term “care” includes the prevention of harm or cruelty, as described in California Penal Code section 597, and the provision of food, water, veterinary care, and safe and protected shelter.

When deciding care, courts will consider:

• The ability to meet the pet’s needs.
• Work schedule, availability, and financial standing to care for the animal.
• Role as the primary caregiver during the marriage, including walking, feeding, and taking the animal to the vet.
• Strength of the emotional bond with the animal.
• Quality of the living environment and space for the pet.
• History of abuse or neglect by either spouse.

If children are involved in the divorce, the court may place the pet with them to ensure stability and support during this emotional transition. The court will examine all relevant facts in making their determination.

What powers do family law courts have?

California Family Law section 2605 does not force courts to rule in a specific manner but rather authorizes them to decide pet ownership. A California family law court can issue:

• Joint Ownership – Both spouses share decision-making and responsibility for the pet’s care.
• Sole Ownership – One spouse gets to make the legal decision for the animal. The non-custodial spouse can receive visitation to maintain their bond with the pet.
• Temporary Orders – The court may issue temporary orders during divorce proceedings to assign care responsibilities to either party.

What animals are eligible?

This legislation only applies to pets that are community property (acquired during marriage) and kept as household pets.

A family law court generally does not create an ownership order regarding dangerous animals, farm animals, or guard dogs kept for security purposes. Courts do not consider these animals family pets, so Family Code section 2605 does not cover them. The statute does not cover pets of unmarried partners either.

How to prepare for a pet ownership case?

Divorcing couples can take various steps to ensure they receive joint or sole pet ownership:

• Keep Documentation – It is crucial to keep track of receipts for pet food and supplies, vet and grooming appointments, medication, and feeding schedule, or any other information that demonstrates a high level of care for the animal.
• Be Realistic – Parties should prioritize the pet’s well-being over using them as a negotiating tool in the divorce.
• Demonstrate Ability to Care – Individuals seeking pet ownership should show their financial capabilities to care for the animal and provide a suitable environment.
• Participate in Mediation – A neutral third party can help both spouses keep the animal’s well-being as the focal point of negotiations. The former partners can enter a mutually beneficial arrangement without the risk of intense litigation.

Divorcing couples can adjust pet ownership arrangements as circumstances change. If the court grants joint ownership, spouses may need to create a schedule, split expenses, and coordinate exchanges.

Final Thoughts

Determining the ownership of a family pet in California can be challenging since many spouses consider their animals family. Divorce is already an emotional and stressful process, and disputes over pets can further exacerbate it.

With pet ownership matters being a discretionary decision, couples can avoid future disputes by including terms in a prenuptial or postnuptial agreement. Consulting a family law attorney can prepare you for a pet ownership case and protect your rights.

Nancy Martinez is a Family Law Attorney at Lewitt Hackman