Divorce headlines often focus on wealth, custody battles, or high-profile settlements. But another issue is entering the spotlight: who gets the family pet.
For many couples, pets aren’t simply property. They’re companions, emotional support, and often treated like family members. As a result, disputes over dogs, cats, and other animals are becoming a recurring feature of both celebrity and high-net-worth divorce cases.
This trend has led to the rise of “PetNups,” contractual provisions in prenuptial or postnuptial agreements that determine what happens to pets if the relationship ends.
Why Pet Disputes Are Becoming More Common
Recent celebrity breakups illustrate how emotionally-charged these disputes can become.
For example, sports reporter Kayla Nicole revealed that after her breakup with NFL star Travis Kelce, she assumed full responsibility for the dogs the couple shared during their relationship, including covering veterinary expenses and ongoing care.
In another well-known split, British television host Ant McPartlin and his ex-wife Lisa Armstrong shared custody of their Labrador, Hurley, following their divorce. The dog was reportedly significant to both parties and became part of their post-divorce arrangements.
These examples highlight a growing reality: pets can become central emotional and legal issues during separation, particularly when both parties claim a strong bond with the animal.
The Legal Shift: Pets Are No Longer Treated Only as Property
Historically, courts treated pets as property during divorce proceedings, similar to vehicles or furniture. That approach is evolving.
In California, for example, California Family Code § 2605 allows courts to assign sole or joint ownership of a pet while considering which party is best able to care for the animal.
Under this framework, courts may evaluate factors such as:
- who primarily feeds and cares for the pet
- who takes the animal to veterinary appointments
- the living environment for the pet
- emotional attachment between the animal and each spouse
This shift reflects a broader recognition that pets occupy a unique place in family life.
Takeaway 1: Plan for Pets the Same Way You Plan for Assets
For high-net-worth couples, pets can have both emotional and financial value. Veterinary care, grooming, training, travel arrangements, and specialized diets can involve significant expenses.
A PetNup can address these issues clearly by specifying:
- who retains primary ownership
- who pays for veterinary care and insurance
- whether shared custody or visitation is allowed
- who makes medical decisions for the pet
Without these provisions, disputes can escalate quickly and become expensive. Furry family members can also become pawns in negotiations and used to trigger the other pet parent.
Takeaway 2: Emotional Assets Can Create Legal Conflict
High-net-worth divorce cases are often complex because emotional assets are intertwined with financial ones.
Pets can represent companionship during stressful periods of life, including illness, infertility, or career pressures. That emotional connection is often what drives litigation over animals.
Courts increasingly recognize this dynamic, which is why some jurisdictions consider the well-being of the animal rather than simply assigning ownership to whoever purchased it.
Takeaway 3: Documentation and Care History Matter
When courts evaluate pet disputes, they frequently look at practical evidence. This may include:
- veterinary records
- adoption or purchase documentation
- financial records related to pet care
- photographs or communications showing caregiving responsibilities
In other words, the party that actually cared for the animal often has the stronger legal position.
The Bigger Picture
Pet custody disputes are part of a larger trend in modern divorce law. As relationships evolve, courts are increasingly asked to resolve issues that fall somewhere between property and family relationships.
For high-net-worth individuals, the lesson is straightforward: planning matters.
Prenuptial agreements, postnuptial agreements, and PetNups aren’t just about protecting financial assets. They are tools that help prevent emotionally charged conflicts before they begin.
Bottom Line
Pets may not appear on traditional balance sheets, but they can become some of the most emotionally-contested assets in a divorce.
For couples with significant wealth, planning ahead through clear agreements can help protect not only financial interests but also the well-being of the animals that have become part of the family.
