Determining who gets the family pets can be a surprisingly emotional and contentious issue in a divorce. While many people view their pets as family members, pets are considered personal property under Arizona law, similar to other marital assets such as cars, furniture or bank accounts. However, courts recognize the unique nature of pets and often consider multiple factors in deciding on possession.

Arizona is a community property state, so any asset acquired during a marriage is subject to equal division during a divorce. If a pet was acquired by one spouse prior to marriage, it is likely to be considered separate property and awarded to that spouse in the divorce. If a pet was acquired during the marriage, both spouses may have a claim to ownership. But the courts will not give the spouses partial interests in the pet, so an allocation to one or the other must be made.

If a couple cannot reach an agreement, the court will make a decision. Arizona courts primarily consider the best interests of the parties involved rather than the pet’s best interests. However, the courts may be willing to weigh factors that affect the well-being of the pet. Some of these factors are:

• Primary caretaker — Courts may look at which spouse has been primarily responsible for caring for the pet. This includes feeding, grooming, walking and taking the pet to veterinary visits.

• Living situation — The court may consider each spouse’s living arrangements post-divorce. For instance, if one spouse is moving into a home that does not allow pets or has a less suitable environment for the pet’s needs, the court may favor the other spouse.

• Emotional attachment — The emotional bond each spouse has with the pet may also play a role. If one spouse has a particularly strong emotional connection to the pet, and the other does not, this could influence the court’s decision.

• Children’s attachment — If the couple has children, the court may consider keeping the pet with the spouse who has primary custody of the children to maintain stability and continuity.

Although Arizona law does not recognize the concept of “pet custody,” divorcing couples can work out agreements regarding the care and visitation of their pets. They might share time equally or one spouse might take primary responsibility while the other is granted visitation time. While courts do not officially recognize such arrangements, they may include them in the parties’ overall divorce settlement. In some cases, disputes over pets can be resolved through mediation. 

An experienced Arizona family law attorney understands the issues involved in Arizona community property laws, including disputes over who gets the pets in a divorce. While these contests can be highly emotional, an attorney can help you resolve them as part of a beneficial property settlement. 

Clark & Schloss Family Law, P.C. in Scottsdale, Arizona dedicates its practice to family law, including pet custody issues. We have a wide range of experience in the field. Please call 602-789-3497 or contact us online for a free initial consultation.