Introduction
For many couples, pets aren’t just animals, they’re family. When divorce becomes part of the picture, questions about “who gets the dog” or “who will take care of the cat” can be some of the most emotional and difficult to answer. While Washington law still treats pets as property, the reality is far more personal. At Evergreen Family Law Group, we help clients navigate these unique challenges with compassion and clarity.
1. How Washington Courts View Pets in Divorce
- In Washington, pets are legally considered community property or separate property, depending on when and how they were acquired.
- This means the court doesn’t assign “custody” like with children but instead decides ownership.
- Still, judges understand the emotional stakes and may look for equitable outcomes.
2. Deciding Who Keeps the Pet
- Factors couples often consider:
- Who originally purchased or adopted the pet
- Who is primarily responsible for daily care (feeding, walking, vet visits)
- The bond between the pet and children of the marriage
- Sometimes, agreements are made privately to keep everyone’s best interests—including the pet’s—at heart.
3. Shared Time & “Pet Custody” Arrangements
- More couples are creating informal agreements to share time with pets, similar to parenting plans.
- Examples: alternating weeks, weekend visits, or holidays.
- These agreements may not be court-enforceable like child custody, but Evergreen Family Law Group can help draft clear, fair arrangements that reduce conflict.
4. Who Pays for the Pet’s Needs?
- Food, vet care, grooming, and boarding can add up.
- Couples may negotiate:
- A cost-sharing agreement
- One spouse covering expenses in exchange for ownership or more time with the pet
- Planning for these costs prevents future disputes.
5. Special Considerations: Service and High-Value Animals
- Service or emotional support animals may receive different treatment because they serve a unique role for their owner.
- Show animals or breeding animals may also carry significant financial value, adding another layer to property division.
Conclusion: Putting Pets First in Divorce
Pets are family, and divorce doesn’t have to mean losing them. With the right legal guidance, couples can reach solutions that are fair, compassionate, and practical. Evergreen Family Law Group helps clients create divorce agreements and property settlements that reflect not only the law—but also the love and care they have for their pets.
If you’re facing divorce and worried about what happens to your pet, call Evergreen Family Law Group at 425-783-0044 to schedule a consultation.
