How are pets treated in a divorce?

In Kentucky and Tennessee, pets are treated as property in a divorce. Neither state has a pet-custody law, so a court decides who keeps a pet the same way it decides other property: by whether the pet is marital property or belongs to one spouse alone, and then how marital property should be divided. Courts generally do not order shared pet schedules. The best way to keep time with a pet, or share its costs, is a written agreement between the spouses.

Is a pet marital property?

It depends on when and how the pet was acquired:

  • Acquired before the marriage: generally belongs to the spouse who owned it. Kentucky calls this nonmarital property, and Tennessee calls it separate property.
  • Received by one spouse as a gift or inheritance: generally belongs to that spouse.
  • Acquired during the marriage: generally marital property, divided with everything else. Kentucky divides marital property in just proportions, and Tennessee divides it equitably.

Adoption papers, purchase records, veterinary records, and microchip registration can help show when and by whom a pet was acquired.

How do courts decide who keeps the pet?

Because pets are property, there is no legal best-interests standard for animals in Kentucky or Tennessee. In practice, when a judge must award a pet to one spouse, the judge may look at:

  • Who acquired the pet and whose name is on the records
  • Who has cared for the pet, including feeding, walks, grooming, and veterinary visits
  • Where the pet has been living, and who can keep it in their new home
  • The children. If there are children, keeping the pet with them may make sense, since a pet can offer stability during a hard transition. Read how custody is decided.

The pet may also be weighed against other property. For example, one spouse keeps the dog and the other receives something of similar value.

Can we share the pet?

Courts generally will not create or supervise a shared pet schedule on their own. But spouses can agree to one, and that agreement can be written into the settlement. A pet agreement can cover:

  • Who the pet lives with, and a schedule for the other spouse's time
  • How veterinary bills, food, and insurance costs are split
  • Who makes medical decisions for the pet
  • What happens if one spouse moves

A written agreement gives both spouses more control than leaving the pet to a judge's decision.

Pets and protective orders

If a spouse has threatened or harmed a pet, that can be part of a domestic violence case. In Tennessee, an order of protection can address the care and possession of animals. If you are concerned about safety, learn about protective orders. If you are in immediate danger, call 911.

How Wise & Associates can help

Wise & Associates handles divorce and property division in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.

Consultations are free and by phone. Book a time, then call the office at your scheduled time.