New York treats pets differently than it did even a few years ago. Until October 2021, dogs, cats, and other companion animals were legally classified as personal property, divided in a divorce the same way as a piece of furniture or a vehicle. A 2021 amendment to Domestic Relations Law section 236(B)(5)(d) changed that, requiring courts to consider the best interest of the companion animal when awarding possession in a divorce. Clients calling Roven Law Group often have strong feelings about the family pet, sometimes stronger than feelings about the marital home, and the law now reflects more of that emotional reality than it once did.
Here is how New York handles pets in a divorce today and what spouses can do to protect the outcome they want.
The 2021 Change to the Equitable Distribution Statute
The change came through Senate Bill 4248, signed by Governor Hochul in October 2021. The law amended section 236(B)(5)(d) to add a new factor for courts to consider in equitable distribution: the best interest of any companion animal jointly owned by the parties. The statute defines companion animal by reference to Agriculture and Markets Law section 350, which covers dogs, cats, and other domesticated animals normally kept as household pets but excludes farm animals.
The amendment did not make pets the equivalent of children. Custody and visitation orders for animals are still not part of the legal framework. What changed is that courts can no longer treat the family dog or cat as a piece of property to be assigned without regard to the animal’s welfare. The court is now required to consider the pet’s interests when deciding which spouse keeps the animal.
What “Best Interest of the Companion Animal” Actually Means
The statute does not define the factors that go into a best interest analysis for a pet, leaving courts to develop the framework case by case. Early decisions applying the new standard have considered factors familiar from child custody analysis adapted to the realities of animal welfare.
These factors include which spouse has historically been the primary caregiver, who feeds and walks the animal, who handles veterinary appointments, who has the appropriate housing and lifestyle for the pet’s needs, the bond between each spouse and the animal, and which living arrangement would produce the least disruption for the pet. Courts have also considered which spouse will have children present, since the pet’s relationship with the children is part of the welfare analysis.
The standard is not “best owner” in the abstract. It is which arrangement is best for this particular animal given the realities of both households.
What Cannot Be Ordered
Several outcomes that clients sometimes ask about are still not available under New York law. The court cannot order shared custody of a pet on the model of a child custody arrangement. The pet goes to one spouse or the other, not to alternating households on a parenting time schedule. Spouses can voluntarily agree to share a pet through a settlement agreement, and many do, but the court will not impose that arrangement.
The court also cannot order pet support payments analogous to child support. The spouse who keeps the animal pays for its care. The parties can agree in a settlement to share veterinary costs or contribute to ongoing care, but those arrangements are matters of contract rather than court-ordered support.
Visitation rights for a pet are not part of the statutory framework. Some settlement agreements include negotiated access provisions, particularly when the parties have lived together with the animal for many years, but the court will not order them in a contested case.
Pets Acquired Before the Marriage
A pet acquired by one spouse before the marriage is generally separate property and remains with that spouse. The 2021 amendment applies to companion animals jointly owned by the parties, which usually means animals acquired during the marriage or animals brought into the marriage and treated as family pets thereafter. The line is not always clean. A dog purchased by one spouse before the wedding but cared for jointly throughout a long marriage may be treated as a marital animal subject to the best interest analysis.
How Pet Disputes Get Resolved
Most New York divorce cases involving pets settle through negotiation rather than court order. The spouses agree on which one will keep the animal, often based on practical considerations like work schedules, housing, the presence of children, and which spouse has been doing most of the day-to-day care. Settlement agreements can address pet ownership cleanly and can include any voluntary sharing arrangements the parties want.
Cases that go to a judge are decided under the best interest standard, with the court hearing testimony about each spouse’s relationship with the animal, the care history, and the suitability of each living arrangement. These hearings are typically short, with the financial issues of the divorce taking up most of the litigation time.
What Spouses Can Do During the Marriage
A few practical steps make the eventual outcome cleaner. Keeping veterinary records in one spouse’s name documents the caregiving role. Photographing the animal with the spouse who handles daily care creates a record of the relationship. Pet adoption paperwork, microchip registration, and license records can establish ownership in the spouse named on each. A prenuptial or postnuptial agreement can include pet ownership provisions, though these provisions are unusual.
How Roven Law Group Helps With Pet Issues
Pets are emotionally significant assets in many New York divorces, and the law now reflects that reality more than it did before 2021. Roven Law Group helps clients negotiate settlement agreements that address pet ownership clearly, presents the best interest case in contested matters, and structures arrangements that work for both spouses and the animal. The firm represents clients in matrimonial proceedings across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Schedule a consultation to discuss the pet issues in your divorce.