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 New Mexico, pets are generally considered personal property in the context of a 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. Conversely, if the pet was acquired during the marriage, it is considered marital property. New Mexico is a community property state, which means that any property acquired during the marriage is presumed to be owned jointly by both spouses and is subject to division upon divorce. The court may decide to award the pet to one spouse as part of the property division process. While New Mexico does not have specific statutes that address pet custody in the same manner as states like California, Illinois, and Alaska, where the well-being of the pet can be a guiding factor, spouses in New Mexico can still negotiate a custody-sharing arrangement for their pet as part of their divorce settlement. If the matter is brought before the court, the judge may consider various factors to determine the most appropriate arrangement for the pet's ownership and care.