Introduction
Going through a divorce in Minnesota is complicated enough when dealing with children, property, and finances — but what about your pets? If you and your spouse shared a beloved dog, cat, or other animal companion, deciding who gets to keep them can be an emotional and legally complex issue.
At Martine Law, we understand that pets are more than just property. For many, they are family. But under Minnesota law, pets are typically treated very differently from children. This blog explores how Minnesota courts handle pets during a divorce and what you can do to protect your relationship with your animal companion.
Are Pets Considered Property in Minnesota?
Yes. Under Minnesota law, pets are legally considered personal property, not family members. This means that during a divorce, decisions about pets fall under equitable distribution rules—the same rules that apply to furniture, vehicles, or bank accounts.
That may sound cold or unfair, especially if your pet feels like a child to you. However, there is growing awareness in courts about the emotional bond between people and their pets. While Minnesota does not yet have specific “pet custody” laws like those for children, judges are beginning to consider some non-financial factors in determining who gets the pet.
You can review the relevant Minnesota property division statute here.
Factors Courts May Consider When Dividing Pets
Because pets are classified as property, judges do not conduct a “best interest of the pet” analysis in the same way they would for a child. However, when spouses cannot agree on who should keep the pet, a judge may take several factors into account, including:
- Who purchased or adopted the pet?
- Who primarily cared for the pet? (feeding, grooming, vet appointments)
- Who spent more time with the pet?
- Who is in a better position to care for the pet post-divorce?
- Is the pet a companion animal for a child staying with one parent?
- Were there any prenuptial or postnuptial agreements about the pet?
These informal considerations can help the court determine a fair distribution, even though pets are not given the same legal status as children.
Pets as Marital vs. Non-Marital Property
Just like other assets in a Minnesota divorce, the first question is whether the pet is marital or non-marital property:
- Marital Property: Acquired during the marriage. Usually subject to division.
- Non-Marital Property: Acquired before the marriage, through inheritance, or as a gift solely to one party.
If you brought the pet into the marriage before your wedding date or received it as a personal gift, you may have a stronger claim to keep the animal. If the pet was adopted or purchased during the marriage, it is generally considered marital property.
Can You Create a Pet Custody Agreement?
Yes. If you and your spouse agree on how to share or transfer ownership of the pet, you can create a pet custody agreement. While not legally binding in the same way as child custody agreements, Minnesota courts often honor contracts that are clear and mutually accepted.
A pet custody agreement can include:
- Primary ownership
- Visitation schedules
- Decision-making for veterinary care
- Division of expenses (food, grooming, health care)
- Emergency plans
While courts may not enforce every detail, having a written agreement increases the chances of your arrangement being upheld.
How Mediation Can Help with Pet Disputes
Mediation is an effective way to resolve pet-related disputes without going to court. A neutral third-party mediator can help you and your spouse:
- Express your emotional concerns
- Evaluate practical care responsibilities
- Work out a shared care or visitation plan
- Prevent prolonged litigation over a beloved pet
Courts are often more receptive to pet agreements reached through mediation than adversarial courtroom arguments.
Emotional Attachment and Pet Custody Battles
For many couples, disputes over pets are deeply emotional. People often see pets as family, not property, which can make negotiations heated. If both spouses feel a strong emotional bond with the animal, tensions can rise quickly.
In such cases, it’s important to separate emotional impulses from legal strategy. The court’s focus will be on who the rightful owner is, not necessarily who loves the pet more. An experienced divorce attorney can help present the facts that matter most to your case.
Can Pets Be Used as Bargaining Chips?
Unfortunately, yes. Some spouses may attempt to use pets as leverage in other divorce negotiations — such as property division, spousal support, or parenting time.
If you’re concerned that your spouse is using the pet as a bargaining tool, your attorney can help protect your interests and ensure the pet is not unfairly used to manipulate settlement terms.
Special Considerations for Service or Emotional Support Animals
If the pet in question is a service animal or emotional support animal, the law may offer additional protections.
- Service animals have federally protected rights under the Americans with Disabilities Act (ADA). If the animal was trained to assist one party, that individual typically retains custody.
- Emotional support animals (ESAs) do not have the same legal status, but courts may still consider their role when deciding pet ownership.
Documentation from health care providers or training organizations can be valuable in supporting your claim to keep the animal.
What If There Are Children Involved?
If the children of the marriage have a close bond with the pet, the court may consider whether keeping the pet with the children provides emotional stability. This is not a guaranteed outcome, but in some cases, it influences the judge’s decision.
For example, if a child resides primarily with one parent and the pet is the child’s comfort animal, it’s more likely the court will assign pet ownership to that parent.
How Martine Law Can Help
At Martine Law, we handle all aspects of Minnesota divorce — including emotionally sensitive issues like pet ownership. We’ll help you:
- Determine whether the pet is marital or non-marital property
- Document your role in caring for the pet
- Negotiate a shared or sole pet agreement
- Present a compelling case if litigation becomes necessary
Our team is here to guide you through your divorce with compassion and clarity — especially when beloved pets are involved.
Contact us today to schedule your consultation.