Why “Pet Prenups” Are Trending
The legal shift: pets move from property toward priority
Historically, in divorces or separations, pets have been treated just like any other item of property: furniture, bank accounts, tools. Judges would assign ownership based on bills of sale, ownership documents, or who registered the pet. That paradigm is gradually changing. States are beginning to require courts to consider a pet’s welfare or “best interest” when making custody decisions, rather than simply dividing pets as chattel.Some statutes even allow for visitation schedules or joint possession, akin to child custody arrangements.
As of late 2025, about nine states plus the District of Columbia have laws or statutes that require courts to factor in a pet’s welfare in divorce or separation cases (versus treating pets purely as property).
What Pennsylvania’s HB 97 Signals for Pet Parents
The proposed Pennsylvania HB 97 is a model of this change in real time. The bill would formalize the idea that companion animals are a “special category of personal property” rather than ordinary property. In a divorce, judges would be required to weigh welfare factors when assigning custody. The bill also includes a provision allowing couples to enter enforceable custody agreements for their pets — essentially validating “pet prenups.”
Key factors HB 97 would mandate courts to consider include:
When the pet was acquired (before or after marriage)
Which partner contributed to feeding, grooming, vet care
Each party’s financial ability to support the pet
Whether service animals need to stay with a dependent partner
If passed, HB 97 could set precedent in Pennsylvania and nearby states. (As of now, the House has passed it and it awaits Senate review.)
Why You Might Want a Pet Prenup (or Postnup)
Even if your state doesn’t yet require or recognize “best interest” standards, you can use legal tools to protect your pet’s future.
1. More couples are adding pets to prenups
Lawyers are seeing a growing trend of couples including pet clauses in their prenuptial or postnuptial agreements. These agreements can specify who will have primary care, how expenses will split, and how visitation might work.
While a prenup with a pet clause may not always be binding if contested, many state statutes direct judges to consider private agreements when resolving disputes.
2. You can tailor what “custody” means
Your pet-agreement can define:
Caretaking roles (who feeds, walks, takes to vet)
Time-sharing schedules (weeks at one household, then the other)
Expense allocation (vet bills, food, grooming)
Decision authorities (who makes medical decisions)
That way, you and your partner define the terms before emotions escalate.
3. The best-prepared pet parents win trust — and avoid conflict
Even in states that don’t enforce pet prenups, having one shows foresight, reduces friction, and gives courts a road map if a dispute arises. Many statutes (where they exist) explicitly allow couples to enter enforceable custody agreements outside court.
Risks & Things to Watch (Yes — This Gets Real)
These legal shifts have implications beyond divorces, especially for the pet industry and pet parents:
Emotional distress claims could expand
Traditionally, damages for harm to a pet were limited to market value or vet bills. But as pets gain more legal recognition, some owners are pushing for compensation for emotional loss. In New York, a court considered a claim treating a pet as “family” in a case involving a dog hit by a car.Insurer behavior may change
More pet-friendly laws could prompt insurers to add exclusions or limit coverage around emotional distress or disputes between co-owners.Contract and operational risk
If you run a pet business (boarding, daycare, grooming), you might get caught in the middle of split households. Whose permission do you need to release a pet? Who approves vet care? Clarify these scenarios in your service agreements.State-by-state fragmentation
Because laws differ by state, your protections will vary. If you move, or if your divorce crosses state lines, that gets messy.
What Pet Parents Should Do Right Now
Here’s a checklist to take action today:
Check your state’s law.
Is it a state that takes pet welfare into account? This will shape your legal options.Draft a pet provision in your agreement.
Even if it’s not enforceable yet, it establishes your intent and can guide courts.Document your caregiving role.
Keep records of vet visits, feeding, training, walking, grooming — the more proof you provide, the stronger your case.Use clear communication.
If you and your partner are open to solving this collaboratively, do it while terms are calm. Avoid last-minute fights.Get legal advice early.
A lawyer experienced in family or animal law can help you craft a pet-centric clause appropriate for your state and circumstance.Stay alert to legal developments.
As more states pass “best interest of the pet” laws, your rights and leverage may change.
In Short: Pets Are Becoming Family—Legally, Too
The notion that pets are “more than property” is no longer just sentimental; it's gaining legal traction. For pet parents, that means more power to plan and protect. Even today, before some laws catch up, using prenups, keeping records, and clearly documenting your caregiving can make a difference if things ever shift.
Sources
Animal Legal Defense Fund. (2025). What to do if you are involved in a custody battle over your companion animal. https://aldf.org/article/what-to-do-if-you-are-involved-in-a-custody-battle-over-your-companion-animal
Animal Law Info. (2025). Custody of pets during divorce. https://www.animallaw.info/intro/custody-pets-divorce
LegalZoom. (2025). Sharing Fido: Does your state have pet custody laws? https://www.legalzoom.com/articles/sharing-fido-does-your-state-have-pet-custody-laws
Minella Law Group. (2019). How the new pet custody law works in California. https://minellalawgroup.com/blog/how-the-new-pet-custody-law-works-in-california
Berk & Bot Law. (2024). Navigating pet custody in New York. https://www.berkbot.com/blog/2024/june/navigating-pet-custody-in-new-york
Texas Law Help. (2025). Pets in family law cases. https://texaslawhelp.org/article/pets-in-family-law-cases
Business Insider. (2024, Aug). Pet prenups are the latest trend in marriage contracts. https://www.businessinsider.com/pet-prenups-new-divorce-marriage-trend-provisions-legal-dogs-2024-8
Quantum ADR. (2024). Pup-nups: Protecting pet custody through legal agreements. https://quantumadr.com/resources/pupnups-protecting-pet-custody-legal-agreements
Wilmington Trust. (2024). Custody battles can be fierce — protect pets in divorce. https://www.wilmingtontrust.com/library/article/may-monthly-tip-custody-battles-can-be-fierceover-the-pets-protect-pets-in-divorce
Angie Ingram Law. (2024). Awarding pet custody in divorce proceedings. https://www.angieingramlaw.com/blog/awarding-pet-custody-divorce-proceedings
