However, unlike other properties, pets hold emotional value that can make dividing them one of the most contentious aspects of the process.
Understanding how pets are divided in a divorce and taking steps to protect your pet’s future can help you navigate this complex issue confidently.
How Are Pets Divided in a Divorce in Colorado?
In Colorado, pets are legally considered personal property, so CO law defines someone with a pet as an “owner.” This means that pets are treated similarly to assets, like homes or retirement accounts, during divorce proceedings.
Unlike child custody cases, where the child’s best interests are prioritized, courts do not weigh factors such as the pet’s welfare or the emotional bonds shared with its owners. Instead, ownership of the pet is typically proven by:
- Establishing ownership using adoption records, purchase receipts, or registration papers;
- Demonstrating who handled daily responsibilities such as feeding, grooming, and veterinary visits; and
- Presenting which spouse’s living situation suits the pet’s needs better.
While this evidence can guide decisions, it does not dictate a specific result. Outcomes often depend on the specific judge, as they have the discretion to determine the most equitable outcome.
Why Pet Disputes Can Become Complicated
Because of the emotional bond people have with their pets, disputes over who gets the dog, cat, or other companion animal often become intense. It’s not unusual for people to argue more over the pet than over financial assets. These disagreements may arise out of genuine concern, personal attachment, or even spite.
And yet, because courts treat pets as property, there’s no legal framework for sharing custody or mandating visitation. That often leaves one party feeling unfairly separated from a beloved animal.
Challenges in Pets and Divorce
Deciding who gets pets in a divorce can be contentious, especially when both spouses are emotionally attached. For instance, one spouse may claim they were the pet’s primary caregiver, while the other asserts they financed the pet’s care.
Since there are no clear legal provisions specifically addressing how to divide pets, as opposed to other types of property, such disputes can lead to prolonged litigation and increased emotional strain for everyone involved.
To avoid this, many couples choose to negotiate privately or use mediation. These methods allow couples to reach mutually agreeable solutions, such as shared custody, visitation schedules, or financial contributions toward the pet’s care.
The agreements can then be incorporated into the divorce decree for enforceability.
Can the Court Order “Pet Custody” or Visitation?
In most cases, no—courts in Colorado do not have the authority to order joint custody or visitation for pets. Judges are required to follow property division laws and make decisions based on ownership, not emotional connections.
That said, spouses can agree privately to shared care or visitation and include those provisions in a separation agreement. If both parties are committed to cooperation, these arrangements can be enforced as part of the divorce decree.
Protecting Your Pets in a Divorce
Taking proactive steps when facing difficulties around pets and divorce can help ensure your pet’s well-being during and after the dissolution of your marriage:
- Document your role as a caregiver by keeping detailed records of your involvement in the pet’s life, such as veterinary visits, training classes, and supply receipts;
- Gather supportive evidence from family or neighbors who can confirm your role as the pet’s primary caregiver, which may strengthen your case; and
- Negotiate early with your spouse about who gets the pets in a divorce to create amicable solutions and reduce the risk of court intervention.
Taking these proactive measures can improve your chances of retaining ownership of your beloved companion.
Tips for Handling Pet-Related Issues in Divorce
Given the legal limitations, your best bet is to resolve pet issues amicably and proactively. Here are some practical tips:
Negotiate early: Talk with your spouse about what happens to the pet before emotions escalate.
Include provisions in your agreement: Make sure any decisions are clearly outlined in your divorce settlement to avoid future disputes.
Use temporary orders if needed: If you and your spouse are separated during the divorce, consider asking the court for temporary possession of the pet to establish continuity.
Consider day-to-day care: Judges may look at who primarily fed, walked, trained, or paid for veterinary care when deciding ownership.
Weigh the cost of litigation: Fighting over a pet in court can be costly, both financially and emotionally. Consider whether litigation is worth the potential result.
Protecting Your Pet’s Future During a Divorce
Navigating who gets pets in a divorce in Colorado requires understanding the legal landscape and addressing potential disputes head-on. While pets are legally considered property, some judges may acknowledge their distinctive nature and consider informal arrangements. However, formalizing any agreements within the divorce decree is essential to ensure that they are enforceable.
To safeguard your pet’s future, consider the following:
- Address pet ownership and custody in prenuptial or postnuptial agreements to establish clear expectations; and
- Work with an experienced family law attorney to navigate the complexities of pet custody and protect your interests and your pet’s well-being.
Taking proactive steps can help ensure that your pet remains in a stable and caring environment regardless of the outcome of your divorce.
Why Choose Plog & Stein P.C.?
Deciding what happens to pets in a divorce is never easy. Whether dealing with shared emotional ties or logistical concerns, understanding your legal options is key to securing your pet’s future.
At Plog & Stein P.C., we know that pets are not just property—they’re family. With over 70 years of combined legal experience, our attorneys provide proven strategic representation tailored to your unique needs.
Since 1999, we’ve helped thousands of clients throughout Colorado, including Douglas County, Arapahoe County, Colorado Springs, Jefferson County, and the Denver Metro Area. Contact Plog & Stein P.C. today to help ensure your rights—and your pet’s future—are fully protected.
