How Do New York Courts Decide Who Gets the Pets in a Divorce?

In recent years, New York courts have fundamentally changed how they decide who gets possession of pets during a divorce. Traditionally, animals were treated strictly as personal property and awarded to one spouse or another in much the same way as a car or other treasured assets. However, a landmark amendment enacted in 2021 now compels judges to take into account the well-being of a family pet, focusing on factors beyond simple ownership or monetary value.

Under New York Domestic Relations Law § 236B(5)(d)(15), a court must consider the “best interest” of a companion animal when determining possession during divorce proceedings. A companion animal is a cat, dog or other domesticated animal kept in or near the household of the owner or other person who cares for it. This statutory change blends elements from child custody determinations and property division, acknowledging the unique status that pets hold in modern families.

When tasked with deciding which spouse should take possession of a pet, New York judges now evaluate a range of factors tailored to the animal’s welfare. These include the following: 

• Primary caregiving — The court considers which spouse has most consistently fed, walked, groomed and provided for the pet. Also considered is who has taken financial and personal responsibility for vet visits and medical care, thus showing a commitment to the animal’s health.
• Living environment — A court considers which spouse’s home will best support the pet’s stability and nurturing. This means examining whether a spouse’s residence can offer appropriate space security, and companionship. If one spouse plans to move to a pet-unfriendly apartment or travel frequently, that instability may diminish their claim to possession. 
• History of neglect or abuse — A court examines the past conduct of each spouse with respect to the animal, such as whether there has been evidence of neglect, cruelty or even indifference.
• Emotional attachments — The bonds between the pet and each spouse are considered. Testimony, photographs, veterinary records and even social media evidence may be used to illustrate the depth of connection shared. The goal is to determine which individual is better positioned to meet not only the physical needs but also the emotional well-being of the pet.

Despite this best-interest analysis, courts still decide pet possession as a matter of equitable distribution of marital property. Courts do not order time-sharing arrangements concerning a pet. Such schedules need to be negotiated between spouses. If you are engaged in a “pet custody” dispute, a knowledgeable divorce attorney can assist you in working out a settlement agreement that benefits all concerned.

The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP work with clients to address the financial complications related to divorce. To discuss your legal issues and learn how we can help you, call us at 631-360-0400 or contact us online for a free initial consultation.