What Happens to Your Pets in a Divorce in Pennsylvania?

Written by Timothy Czekaj

For many couples, determining what happens to their pets in a divorce can be one of the most difficult decisions during an already challenging time. Pets are often considered beloved family members, so deciding who gets to keep the pet can become a point of contention when a marriage dissolves.

Unlike child custody cases, where courts prioritize the best interests of the child, Pennsylvania law does not recognize pet custody in the same way. Instead, pets are treated as property, which can make the legal process feel impersonal and unfair. In this article, we’ll explore how Pennsylvania law handles pet ownership in a divorce and what factors can influence the court’s decision.

Are Pets Considered Personal Property in PA?

Under Pennsylvania law, pets are considered assets. This means they are treated similarly to cars, furniture, and other property that is divided in a divorce. Unlike child custody disputes, where courts consider the best interests of the child, there are no specific laws allowing judges to determine custody based on what is best for the pet. Instead, ownership is decided based on property division laws.

In cases where a couple cannot agree on who keeps the pet, the court will determine whether the animal is separate property or marital property:

• Separate property: If one spouse owned the pet before the marriage, they are likely to retain ownership.
• Marital property: If the pet was acquired during the marriage, the court will consider it part of the marital assets and determine ownership as part of the division of property.

Factors Influencing Pet Ownership Decisions in PA

Even though pets are treated as property, courts may still consider several factors when determining which spouse should retain ownership. Here are some key considerations:

When and How the Pet Was Acquired

If the pet was purchased, adopted, or gifted to one spouse before the marriage, that spouse may have a stronger claim to ownership. If the pet was acquired during the marriage, however, it is considered a marital asset and may be subject to equitable distribution.

Who is the Primary Caregiver?

Courts may look at which spouse was primarily responsible for the pet’s care, including:

• Feeding and grooming
• Walking and exercise
• Veterinary visits and medical care
• Training and overall well-being

If one spouse was more involved in the pet’s daily care, that could influence the court’s decision in awarding ownership.

Emotional Attachment and Family Dynamics

If the couple has children, courts may consider whether keeping the pet with them is in the child’s best interest. Or, if one spouse has a stronger emotional bond with the pet and the other spouse has minimal involvement, this could be a deciding factor.

Financial Contributions

The court may also examine financial contributions related to pet care, such as:

• Who paid for the pet’s adoption or purchase?
• Who covers vet bills, food, and grooming expenses?
• Who pays for pet insurance?

If one spouse can demonstrate that they covered most of the pet-related expenses, they may have a stronger claim to ownership.

Tips for Resolving Pet Custody Amicably in Your PA Divorce

Because Pennsylvania law treats pets as property, resolving pet custody disputes outside of court is often the best option. Here are a few ways couples can reach an agreement without litigation.

1. Creating a Pet Custody Agreement

Although courts do not enforce pet custody agreements, couples can still create their own arrangement. This can outline primary ownership and residence, visitation schedules, and financial responsibilities for food and other expenses.

While not legally binding under Pennsylvania law, having a written agreement can help prevent future disputes.

2. Mediation and Negotiation

Mediation can be an effective way to resolve pet custody disputes. A neutral third party can help both spouses reach an agreement that considers the pet’s well-being. Mediation can also help prevent unnecessary emotional distress and legal fees associated with court battles.

3. Considering What’s Best for the Pet

Rather than viewing the pet as an asset to be “won,” both spouses should consider what is truly in the pet’s best interest. Some questions to ask include:

• Who has more time to care for the pet?
• Which living arrangement is more suitable for the pet’s needs?
• Will one spouse be moving into an apartment with pet restrictions?
• Will the pet experience stress or anxiety due to a change in environment?

By focusing on the pet’s well-being rather than ownership, divorcing spouses may be able to reach a more amicable decision.

Practical Considerations for Pet Owners Going Through Divorce

If you are going through a divorce and have a pet, here are some steps to take to protect your rights and ensure the best outcome for your furry friend.

1. Gather Documentation

Collect any paperwork that can support your claim of ownership or primary caregiving responsibilities. This may include adoption or purchase records, veterinary bills, and receipts for food, grooming, and training expenses.

2. Have an Open Discussion with Your Spouse

If possible, try to reach an agreement without going to court. Be open to compromises such as visitation or a co-ownership arrangement (although not legally enforceable).

3. Consult a Family Law Attorney

Since Pennsylvania law does not provide clear guidelines on pet custody, consulting a family law attorney can help you understand your legal options and strategize the best approach.

Contact a PA Divorce Lawyer for Help with Pet Custody

Because there are no formal pet custody laws in Pennsylvania, couples are often better off resolving pet ownership issues outside of court through negotiation or mediation. Prioritizing the pet’s well-being and reaching an amicable agreement can help ensure a smoother transition for both the pet and the owners.

If you are facing a divorce and need guidance on pet ownership issues, consulting with a knowledgeable family law attorney can help you navigate the legal complexities.

Contact Czekaj Law LLC today at 717-275-9770 for a free consultation.