What Happens to Your Pets if You Get Divorced?

 Posted on May 08, 2025 in Divorce

For many couples, pets are not just animals; they are family. Whether it is a dog, cat, or more exotic companion, deciding what happens to a pet in a divorce can be one of the most emotionally difficult parts of the process. Yet in most states, including Texas, pets are still considered property under the law.

If you are going through a divorce and you and your spouse cannot agree on who will keep your pets, the court will treat them as part of the marital estate. That means the outcome may not reflect emotional attachments or caregiving roles unless your San Antonio, TX divorce attorney knows how to present those facts effectively.

How Texas Courts Handle Pet Ownership in Divorce

Texas law does not currently provide for pet custody arrangements like those used for children. The court does not consider what is best for the animal or whether both spouses should share time. Instead, pets are categorized as property, and the judge must determine which spouse gets to keep the animal.

When dividing property, Texas follows community property principles. This means that anything acquired during the marriage — including a pet — is presumed to belong equally to both spouses. However, like with any property, a pet may be awarded to one spouse based on several factors:

• Who paid for or adopted the pet

• Who has been the primary caretaker

• Whether one spouse is better able to provide for the pet

• Whether the pet was owned by one person before the marriage

In some cases, a pet may be treated as separate property if one spouse can show that they owned the animal before the marriage or that the pet was a personal gift or inherited during the marriage.

Can Spouses Make Their Own Agreement About Pets in a Divorce?

Yes, and courts often encourage it. Spouses who want to avoid a fight over a beloved pet can create their own agreement outlining who will keep the animal and whether the other spouse will have any visitation. These agreements can also address who pays for veterinary care, grooming, and other expenses.

Because the law does not require or enforce shared pet custody, it is important to include these details in a formal, written agreement if both parties want continued contact with the pet.

What Happens if You Cannot Agree About What to Do with Your Pet in a Divorce?

If the parties cannot agree, the court will decide who keeps the pet as part of the property division. Judges are not required to consider the pet’s well-being, but a skilled attorney can still present evidence showing why you should retain ownership. This might include proof of emotional support the pet provides, training or certification documents, or receipts showing ongoing care and financial responsibility.

It is also important to be realistic. If the court views the pet as an asset, it may be balanced against other property in the settlement. For example, if you are awarded the family dog, your spouse may receive an asset of similar value.

Contact a San Antonio, TX Divorce Lawyer

If you are getting divorced and are concerned about keeping your pet, it is important to speak with an attorney who understands how to frame the issue in a way the court will consider. The Bexar County, TX divorce attorneys at Brandon Wong & Associates can help you navigate the process and work to protect the bond you have with your pet. Call 210-201-3832 to schedule a consultation and learn more about your options.