Is splitting dog custody harder than splitting the house? 

Divorce can be messy. However, it gets even more complicated when there is a beloved pet involved. For many couples, their dog is not “just a pet”—it is family. Figuring out who gets to keep the dog can feel more emotional than deciding who gets the car or even the house. 

In California, the courts are starting to recognize this. Judges consider a pet’s well-being, not just who bought it. It is a shift from treating pets like property to seeing them as part of the household. And it matters—a survey by the American Academy of Matrimonial Lawyers found that 27% of divorcing couples argued over pet custody. 

So, who gets the dog? 

Judges can now look at: 

• Who feeds, walks and cares for the dog most of the time 
• Who takes the pet to vet appointments 
• Who spends more time at home
• Who can provide a stable living space 
• Who adopted or purchased the pet, and whether it was a gift 
• Who has the stronger emotional bond with the pet 
• Any history of abuse or neglect by either spouse 
• Whether children are attached to the pet and where the children will live 

Some couples decide to create a shared custody plan, like parenting agreements. Others let one person keep the pet while the other gets more visitation or financial compensation. It really depends on the couple—and the dog. 

Courts will not require the pet to choose sides, but they do want to make sure the dog lands in the best place. It is not just about legal rights anymore. It is about love, stability and routine—things dogs (and people) thrive on. Divorce is tough, and decisions like pet custody make it even harder. That is why having legal guidance is so important.