Dividing property in a divorce is always challenging, but when the property is a beloved pet, emotions run especially high. Many separating couples in Colorado find themselves asking: Who gets to keep the dog? The answer isn’t always what people expect.
Pets Are Property—Not People (Legally Speaking)
Under Colorado law, pets are considered personal property—no different from furniture or a vehicle. This may sound harsh, but courts don’t currently apply custody standards to animals like they do with children.
In divorce proceedings, property division is governed by CRS § 14-10-113 (Colorado Revised Statutes Title 14. Domestic Matters § 14-10-113). This statute requires an “equitable division” of marital property, which includes pets if they were acquired during the marriage.
If the pet was owned by one party before the marriage or received as an individual gift or inheritance, it may be classified as separate property and awarded to that individual.
Factors That Might Influence Who Gets the Pet
Although Colorado law doesn’t recognize pet custody in the same way it does with children, judges have discretion when dividing marital property. In practice, courts may consider:
- Who primarily cared for the pet (feeding, walking, vet visits)
- Who has more time or resources to care for the animal
- Living arrangements (e.g., a yard or pet-friendly housing)
- Whether the pet is tied to a child’s emotional wellbeing
These considerations aren’t required by law, but attorneys often include them in their arguments to help a judge make a fair decision.
Can You Share Custody of a Pet?
Yes—but only if you agree to it. Courts won’t impose a pet visitation or custody schedule, but divorcing spouses can negotiate one in a separation agreement. This agreement can outline:
- A visitation schedule (e.g., alternating weeks)
- Expense sharing (e.g., vet bills or pet insurance)
- Care responsibilities and decision-making
Once signed and approved by the court, this agreement becomes enforceable under CRS § 14-10-112, which governs settlement agreements in divorce.
Legislative Momentum: Is Change Coming?
Colorado has not yet passed laws to treat pets more like family members in divorce, but some states have. For example, California, Alaska, and Illinois have enacted legislation allowing courts to consider the “well-being” of the animal in divorce.
While no such statute currently exists in Colorado, growing public sentiment and trends in other states suggest the law may evolve. Until then, pets remain property in the eyes of the court.
Tips for Pet Owners Going Through Divorce
- Document your involvement: Keep records of vet bills, pet supplies, and other evidence of care.
- Think about the pet’s best interest, even if the law doesn’t require it.
- Negotiate, don’t litigate: A mutual agreement is often more satisfying—and enforceable—than a court decision.
How Boal Law Can Help
At Boal Law, we understand that pets are family. We help clients frame persuasive arguments for pet ownership during divorce and negotiate agreements that reflect the reality of a shared bond.
If you’re divorcing and unsure how to protect your rights as a pet owner, our firm can guide you through Colorado’s legal landscape with compassion and clarity.