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 Louisiana, which is a community property state, pets are generally considered personal property in the context of divorce. If a pet was owned by one spouse prior to the marriage, it is typically regarded as that spouse's separate property, and ownership and possession will likely remain with that spouse after the divorce. However, if the pet was acquired during the marriage, it is considered community property and subject to division between the spouses as part of the marital property settlement. Louisiana courts may decide on the ownership of the pet during the divorce proceedings, potentially considering the best interests of the pet, similar to the way child custody issues are handled, although Louisiana does not have specific statutes that address pet custody as California, Illinois, and Alaska do. When possible, spouses may agree to a custody-sharing arrangement for the pet outside of court. It's important to note that while the best interests standard is a common approach in child custody, its application to pets in Louisiana is not as clearly defined by statute as it is in the aforementioned states that have specific laws regarding pet custody.