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Pets During a Divorce: What You Need to Know

pets and divorceWhen facing divorce, many couples wonder, What happens to pets in a divorce? In Colorado, pets are legally considered property. This means that the court treats pets in the same category as other marital assets, such as furniture or vehicles.

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.

 

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.

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.

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.

Author Photo

Stephen Plog, co-founder of Plog & Stein, P.C. in 1999, is a dedicated family law attorney with almost two decades of expertise in Denver. Focused exclusively on family law since 2001, he excels in both intricate legal writing and courtroom litigation, having navigated cases in all Denver metropolitan area District Courts. Steve’s comprehensive background, including a Bachelor’s Degree in Psychology and a law degree from Quinnipiac University School of Law, underscores his commitment to providing insightful and personalized representation in family law matters.