Lawyer Shares Why Every Couple Needs A Pet Prenup & The 5 Things It Should Include
Pet custody agreements? Really? One attorney who's seen it all says absolutely.
AYO Production | Shutterstock In case you needed an indicator of the state of the American institution of marriage, we're now at a place where so many partnerships are breaking apart that people are now getting prenuptial agreements not for each other but for Fido and Muffin. Yes, pet prenups are a thing, and one attorney says we need to be taking them seriously.
A lawyer says that pet prenups are a 'legal must-have' for couples with pets.
Divorce statistics are notoriously hard to tally, but anecdotally at least, we are in the midst of a major surge in decouplings since the November 2024 election — after already having been in a golden age of divorce since the pandemic.
Between the rifts that were revealed while being locked in the house for months on end to the even deeper ones uncovered by the election, divorce lawyers say their case loads have become downright overwhelming. That means tons of drama not just for humans but for the animals they love, too.
The lawyer explained that most people don't know that pets are treated as property in divorces, just like everything else.
We've long known that cats and dogs are just as emotionally impacted by divorce as, say, kids are. My family's beloved dog, for example, not only took a side in my parents' split but also took a giant dump on a pile of my dad's prized possessions — while maintaining eye contact with him, by the way — to make his allegiances known. (Woofy, wherever you are, you're a real one.)
Attorney Kira Abernathy, Lead Attorney at Georgia-based Your Law Firm, which focuses on family law, said that most people are unaware of how divorce cases treat pets. "People are often surprised to learn that in most states, pets are still legally classified as property, similar to furniture or vehicles."
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The legal ramifications of this are myriad, of course, not just because a dog or cat can be used as leverage. "This status doesn't reflect the emotional bonds we form with our pets or address their welfare needs if owners separate," Abernathy explained.
That's where the pet prenup comes in. These legal agreements establish custody and care arrangements ahead of time to make sure all these bases are covered. Abernathy said they're not just for married couples, either. Anyone who shares a pet, even just roommates, can benefit from such a legal agreement.
The lawyer said every pet prenup should contain five elements:
Traditional prenups typically focus on financial arrangements, and while that is, of course, a concern with pets too, Abernathy said pet prenups are more about care and custody. A pet prenup should focus on five key elements.
1. Ownership rights
This is exactly what it sounds like — it determines who will be the legal, registered owner of the pet in the event the relationship dissolves. Abernathy says factors like who adopted it, who cares for it most, and who has the residence best suited to the pet should be taken into account.
On the tougher side of these questions is who the animal is most bonded to, a question Abernathy said her clients are often uncomfortable with. "But these emotional connections matter and should factor into custody decisions," she says.
2. Financial responsibilities
Having a pet is not cheap, and whether and how these costs will be divvied up should be established beforehand, Abernathy said. "Some clients opt for a 50/50 split of all costs, while others assign specific expenses to each person," she explained. "For example, one person might cover insurance and routine care while the other handles food and grooming."
3. Visitation and shared time
Abernathy said these work very similarly to child custody agreements, establishing how much time each partner spends with the pet, where and when visitations occur, who gets the pet on which holidays, etc. "These schedules help provide stability for both the animal and its owners," Abernathy explained.
4. Care standards and decision-making
This establishes who will make the big decisions, such as veterinary care, diet, and end-of-life choices should the animal become sick or injured. Given how emotionally fraught the latter topic in particular can be, Abernathy said laying this in stone ahead of time avoids the potential for drama down the road.
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5 Relocation provisions
Abernathy said ground rules about how a relocation impacts pet custody should be drawn up ahead of time, too. "We typically include clauses that require advance notice of any move and outline how the arrangement might change if someone relocates beyond a certain distance," she explained.
This all may seem like overkill for a dog or cat, but Abernathy said she has personally witnessed battles over pets come to legal blows. "Without clear documentation, pet custody battles can become as contentious and costly as child custody cases, sometimes dragging on for months," she said. And as nasty as so many of today's divorces become… well, you can't be too careful with Fido and Muffin.
John Sundholm is a writer, editor, and video personality with 20 years of experience in media and entertainment. He covers culture, mental health, and human interest topics.