Fighting for the family pets when ending a marriage

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Fighting for the family pets when ending a marriage
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Last Modified on Nov 12, 2025

For many California couples, one of the most difficult aspects of a divorce is deciding what will happen to the family pet. Dogs, cats and other types of domestic animals are often considered part of the family, and ending a marriage can raise difficult questions about which spouse will get to keep the pet or whether the two spouses will share custody. For this reason, there has been a rise in the number of people drafting prenuptial agreements for pets.

Sometimes called “pup nups,” these agreements allow a couple to outline how pet custody will work in the event of a divorce. They function like a prenuptial agreement, and they can help a couple avoid fighting over custody of the pet. Like fights over marital property, spousal support or money, disagreements over the pet can drag out a divorce, cost both sides more money and lead to additional stress.

These types of contracts may also be in the best interests of the pet. It can establish a custody schedule that allows for the continuation of important owner relationships. The terms of the agreement can also outline how the two owners will pay for things the pet needs, including vet bills.

Protecting the future of your pet

Ending a marriage is difficult, especially when a spouse feels like he or she may lose a beloved pet. Anyone in California concerned about these issues may want to speak with an experienced attorney regarding the benefits of a marital contract that pertains to the pet. A pup nup can allow both parties to feel more confident and secure regarding the future and the best interests of animals who are family members in their own right.

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