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 North Dakota, as in most states, pets or companion animals are generally treated as personal property in the context of a 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. North Dakota does not follow community property laws, so the court will decide on the division of marital property, including pets, based on equitable distribution principles. While the court may consider the well-being of the pet, North Dakota has not enacted specific statutes like those in California, Illinois, and Alaska that allow family courts to consider the pet's well-being as a primary factor. If the divorcing spouses can agree on a custody-sharing arrangement for the pet, the court may approve that agreement. Otherwise, the court will make a determination as part of the property division process.