Divorce today is less common than it was decades ago.
The often-repeated claim that “half of all marriages end in divorce” isn’t quite accurate. Researchers estimate about 40% of first marriages end that way, with even higher rates for subsequent marriages. Put simply: if you’re getting married for the first time in the U.S., there’s roughly a 2-in-5 chance it won’t last. And when relationships end, the financial and emotional fallout can get complicated.
Increasingly, that includes one question more couples didn’t use to plan for: “Who gets the pet?”
What to Know:
- Pet prenups are becoming part of “breakup planning”
- In the U.S., pets are generally considered property
- As part of a plan, put everything in writing, and consider custody and visitation
As dogs, cats, and other pets increasingly take on the role of family members, some couples are planning for the possibility of a breakup before it ever happens. So-called “pet prenups” – agreements that spell out who gets custody of an animal and how expenses are handled – are gaining traction as a way to avoid costly and emotional disputes down the road.
Nicknamed pup-prenups, many of these legal documents aren’t standalone legal documents. Instead, they are often included as provisions within broader pre-nuptial agreements or cohabitation contracts.
Prenuptial agreements are becoming more common
For many couples, a prenuptial agreement is no longer a worst-case scenario – it’s part of a practical conversation. Instead of focusing only on wealth, modern prenups are being used to map out everyday financial responsibilities and prevent disputes before they start.
A prenuptial agreement can outline everything from asset division and debt responsibility to property rights, future earnings, and even confidentiality agreements. Some prenups even address how expenses will be handled during the marriage, along with taxes, retirement accounts, and major purchases. Increasingly, they are also being used to decide what happens to shared pets in the event of a breakup – including custody, visitation, and ongoing costs.
Family law attorneys say provisions involving pets are showing up more often in prenuptial agreements and breakup negotiations. As more couples share animals before marriage, those questions can quickly become complicated if the relationship ends.
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Just ask the rich, the famous, and the not-so-famous
In recent years, there have been a number of high-profile breakups that have highlighted just how contentious pet custody can become.
“Dancing with the Stars” pro Cheryl Burke and actor Matthew Lawrence battled over their dog Ysabella even after their divorce was finalized, while actors Johnny Depp and Amber Heard also disputed ownership of their pets during their highly public (and messy) split.
Heard at one time faced jail time and a fine for bringing the two dogs into Australia illegally.
Other celebrity separations have gone even further. Actress Shantel VanSanten and actor Victor Webster reportedly included strict terms in their divorce agreement over their dog, including financial penalties of $10,000 a day if one partner kept the pet longer than allowed.
And in more recent splits, including that of Britney Spears and Sam Asghari, pets have been divided much like other shared assets. Even “Good Morning America” anchor Amy Robach made news when she was seen handing off her dog Brody to ex Andrew Shue after the couple’s split because Robach’s affair with co-anchor TJ Holmes came to light.
One unusual case outside of Hollywood: a Delaware judge ordered an estranged couple to settle their dispute for their dog by bidding against each other in a private auction – underscoring just how emotionally and financially charged these conflicts can become.
Are pets considered property or part of a family?
In the United Kingdom, pets are considered “chattel” – essentially meaning they are property and a pet’s best interests are not considered when determining custody.
In the United States, the legal framework has traditionally been similar. In most states, pets are still classified as property, meaning courts may award ownership to one person without considering shared custody or visitation the way they would for children.
However, that is beginning to change.
A growing number of states have started to recognize the emotional value of pets in divorce cases. In states like California, Illinois, and Alaska, courts can now take into account the well-being – or “best interests” – of the animal when deciding who should keep it.
Even so, legal experts say outcomes can still vary widely – and without a clear agreement in place, disputes over pets can quickly become unpredictable. That uncertainty is one reason more couples are choosing to spell out those decisions in advance.
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Make a plan, otherwise custody can be costly
Disputes over pets can quickly become expensive. Legal experts say fights over custody can add thousands of dollars in attorney fees, especially if cases drag on or require court intervention. In some situations, couples may spend more fighting over a pet than the animal’s financial value – a reflection of the emotional bond involved.
Experts say couples don’t necessarily need a full prenuptial agreement to address these issues. Pet ownership and responsibilities can also be outlined in separate agreements or written understandings, especially for couples who are not married. The key, attorneys say, is to have the conversation early – before emotions run high and decisions become more difficult:
- Have the conversation early: Talk about what would happen to a pet before problems arise – not during a breakup.
- Put everything in writing: Whether it’s part of a prenuptial agreement or a separate document, having a written agreement can help avoid confusion later.
- Outline financial responsibilities: Who will pay for food, vet care, grooming, insurance, and emergency expenses.
- Consider custody and visitation: If both partners want to stay involved, outline a schedule and expectations ahead of time.
- Plan for the unexpected: Include provisions for relocation, illness, or major life changes that could affect pet care.
- Keep documentation: Maintain records of adoption, vet bills, and microchip registration — these can matter in disputes.
- Think long-term: Pets can live for years. Make sure any agreement reflects long-term responsibilities, not just short-term arrangements.
As more couples treat pets as part of the family, planning for their future is becoming just as important as planning for finances.