Can a Prenup Cover Pets?

Published on: 24 Mar 2025

For many couples, pets are more than just animals—they’re family. Whether it’s a dog you rescued together, a cat one of you brought into the relationship, or even a beloved bird, hamster, or horse, pets often play a central role in a couple’s life. So what happens to your furry (or feathered) family members if the marriage ends?

While most people think of prenuptial agreements (prenups) as a tool for dividing property and finances, the truth is you can—and should—include provisions for pets. In fact, more and more couples are choosing to add pet clauses to their prenups to ensure that their animals are treated with care and that custody is clear in the event of divorce.

1. Are Pets Considered Property in Divorce?

Legally, in most states, pets are still considered property, not dependents or children. That means without a prenup or other agreement in place, a court may treat your dog, cat, or parrot the same way it would treat a piece of furniture or a car—awarding it to one spouse based on ownership or value.

📌 Key issue: Courts don’t usually consider the pet’s best interests, nor do they typically create shared custody arrangements, even if both partners are emotionally attached.

2. What a Pet Clause in a Prenup Can Cover

A prenup allows you to go beyond the legal default and create a personalized plan for your pet’s care in case of separation or divorce.

Here’s what you can include in a pet clause within your prenup:

2.1. Ownership and Custody

• Who keeps the pet after a separation or divorce
• Whether custody will be sole or shared
• If shared, how time will be divided (e.g., alternating weeks or months)

📌 Example:
"In the event of separation or divorce, Luna the Labrador shall remain in the sole custody of Jamie. Jamie shall have exclusive rights to make decisions regarding her care, health, and living arrangements."

2.2. Financial Responsibility

• Who pays for the pet’s food, medical bills, insurance, and grooming
• Whether expenses will be shared during the relationship and after a split
• How unexpected costs (like surgeries or end-of-life care) will be handled

📌 Example:
"Each party agrees to contribute equally to all veterinary expenses exceeding $500, provided both parties are consulted before the expense is incurred."

2.3. Pet Visitation

If one partner is keeping the pet, you can agree on visitation rights for the other—especially if both partners have a strong emotional bond with the animal.

📌 Example:
"Taylor will have visitation with Max the French Bulldog every other weekend and for one week during the summer vacation period."

2.4. Decision-Making Authority

• Who decides on things like surgery, travel, or relocation with the pet
• Whether major decisions require mutual agreement

📌 Example:
"All non-emergency medical procedures for Bubbles the cat will require mutual consent from both parties."

3. Why Include Pets in a Prenup?

3.1. Avoid Conflict During Divorce

Disputes over pets are more common than you might think—and they can get emotional and expensive. Including a pet clause in your prenup eliminates guesswork and arguments by establishing clear expectations from the beginning.

3.2. Protect the Pet’s Well-Being

A prenup can help ensure your pet stays with the person who is best equipped to care for them, rather than being handed off like a piece of property. You can also make sure their medical care and daily needs are provided for.

3.3. Reflect Your Relationship Values

For many couples, pets are a core part of their identity as a unit. Including them in your prenup shows that you’re planning thoughtfully for all parts of your life together—not just your finances.

4. Do Pet Clauses Hold Up in Court?

Yes—when included in a properly executed prenup, pet clauses are generally enforceable, especially if:

• The prenup complies with your state’s legal requirements
• The clause is specific and detailed
• Both parties signed the prenup voluntarily and with full understanding

Some states, like California and Illinois, have recently passed laws that allow judges to consider a pet’s well-being when making custody decisions. But even in states without such laws, a pet clause in a prenup can offer clear guidance to the court—and courts often prefer to honor private agreements when possible.

5. Final Thoughts: Planning for Your Pet's Future

If you’re entering a marriage and have a pet—or plan to get one—don’t leave their future to chance. A prenuptial agreement gives you the power to decide who will care for your pet, how expenses will be shared, and what happens if your relationship ends.

It’s not about being pessimistic—it’s about being responsible and compassionate.

💡 Want to include a pet clause in your prenup?
With prenups.ai, you can create a fully customized, legally sound prenup online, including clear terms for pet ownership and care.

📌 Start your prenup today at prenups.ai and protect what matters—your love, your future, and your pets.