In most states the law treats the spouses’ ownership and possession of pets or companion animals following divorce like other items of personal property, such as household furnishings. If one spouse owned the pet before the marriage the pet will generally be deemed that spouse’s separate property and ownership and possession will remain with that spouse following divorce. But if the spouses acquired the pet during marriage it will be marital property (community property in community property states) and the court may award ownership of the pet to one spouse as part of the division of the marital property—sometimes using a “best interests” standard similar to the standard used in child custody determinations.

In some divorces the spouses are able to agree to a custody-sharing arrangement for a pet. And a few states (California, Illinois, and Alaska) have enacted statutes that allow family courts to treat the custody and care of children more similarly to care (support) and custody issues for children. In these states the well-being of the pet is the guiding factor for the courts in making such decisions.

In California, pets are considered community property if acquired during the marriage, and separate property if owned by one spouse before the marriage. However, unlike many other states, California has specific statutes that allow family courts to consider the well-being of the pet when determining pet custody during a divorce. This approach is more akin to child custody considerations, where the pet's best interests are taken into account. California courts can assign sole or joint ownership of the pet and create a shared custody agreement if it serves the best interests of the animal. This progressive legislation reflects the state's recognition of the importance of pets as more than just property but as family members whose welfare is a significant concern in divorce proceedings.