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 Montana, pets or companion animals are generally treated as personal property in the context of divorce. If a pet was owned by one spouse prior to the marriage, it is typically considered that spouse's separate property, and ownership will remain with them after the divorce. Conversely, if the pet was acquired during the marriage, it is considered marital property. Montana courts may then decide which spouse receives the pet as part of the division of marital property. While Montana does not have specific statutes like California, Illinois, or Alaska that allow family courts to consider the well-being of the pet in a manner akin to child custody cases, the court may still take into account factors such as the care of the pet and each spouse's relationship with the pet when making a decision. Additionally, spouses in Montana can agree to a custody-sharing arrangement for a pet, similar to arrangements made for children, if they can reach such an agreement amicably during the divorce proceedings.