05/29/2026
Who gets the dog/cat in a MA divorce?
Pets are personal property and are treated as “marital property” by courts in divorce actions. Although specific judges may occasionally consider which party is entitled to receive a cherished family pet, many judges will refuse to enforce “visitation” agreements that parties include in their divorce agreements. If there are children involved in a case, a judge is more likely to seriously consider which party should retain a given pet based on the children’s feelings. A Judge may consider other arguments regarding ownership of an animal: if the pet was a gift to one spouse or was owned by one spouse before marriage, then these factors may be the basis for deciding ownership. As pets are usually viewed as having no “fair market value”, judges frequently struggle to find a basis for awarding “custody” of a pet that each party greatly values for sentimental reasons.
