In California, family pets are considered property under the law, meaning they are not treated as children and are not subject to the same custody rules in divorce cases. However, how pets are treated during a divorce can still be a contentious issue. In the absence of an agreement between the parties, the court will determine which party gets the pet based on property division laws, and this is generally treated like any other asset that must be distributed between the spouses.
When deciding who gets the pet, California courts may consider factors like the pet’s attachment to each party, the pet’s living arrangements, and which spouse is better able to care for the pet, although these factors are secondary to the property division laws. In some cases, if a couple wants to avoid a court battle over a pet, they can include the pet in a prenuptial or postnuptial agreement, or reach an agreement outside of court through mediation. While California law doesn’t have specific “pet custody” rules, judges may also order shared custody arrangements in cases where both parties want the pet, though this is rare.
