Who Gets the Pets In a Divorce — Los Angeles Amicable Uncontested Divorce in Santa Clarita
I’m Tim Blankenship of Divorce661. Today I finalized two Los Angeles divorce settlements where the parties asked me to include provisions about their pets. We don’t always add pet clauses, but you absolutely can — and often should — especially when you’re trying to keep an amicable, uncontested divorce on track.
Why include pets in your settlement agreement?
Pets are family. When couples separate, questions about who keeps the dog, cat, or other companion animal can be emotional and complicated. Leaving these issues vague can lead to future disputes that undo the goodwill created by an amicable settlement.
Putting pet-related terms in writing gives both parties certainty and reduces the chance of post-judgment conflict. It also makes clear financial responsibilities for care, medical decisions, and even relocation.
Key things to consider
- Custody and residence: Who will the pet live with? Will there be visitation or shared custody?
- Routine and emergency veterinary care: Who pays routine checkups, vaccinations, medications, and emergency treatment?
- Ownership vs. custody: Legally, pets are often treated as property — but custody-style arrangements are increasingly common in settlement agreements.
- Relocation and travel: Can the custodial party move with the pet out of state, or does that require consent?
- Rehoming, sale, or surrender: Under what circumstances can the pet be given up or sold?
- Records and registration: Who keeps records, microchip information, and licensing?
Typical pet-related provisions to include
Here are the kinds of clauses I include when clients request pet terms in a settlement agreement:
- Custody/Primary residence of the pet (including schedule if shared custody)
- Allocation of routine veterinary expenses (who pays for vaccinations, flea prevention, etc.)
- Allocation of emergency veterinary expenses and decision-making authority for urgent care
- Agreed method for splitting large medical bills (e.g., percentage split or insurance)
- Terms for relocation or change of residence affecting the pet
- Responsibility for microchip registration, licensing, and records
- Procedure if either party wants to rehome, sell, or transfer ownership
Sample language
Pet Custody: The parties agree that “Max” shall reside primarily with Wife. Husband shall have visitation every other weekend from Friday 6:00 p.m. to Sunday 6:00 p.m. during which time Husband shall be responsible for Max’s regular care.
Veterinary Expenses: The parties agree to split routine veterinary expenses 50/50. For emergency medical care exceeding $1,000, the parties shall split costs 50/50 unless otherwise agreed in writing. The party with custody at the time of emergency shall seek care immediately and notify the other party as soon as practicable.
Relocation: Neither party shall relocate the pet outside Los Angeles County for a period of 12 months from the Date of Judgment without the other party’s written consent.
Practical tips for an amicable, uncontested approach
- Discuss pets early in negotiations so expectations are clear.
- Be specific. General statements lead to different interpretations later on.
- Agree on a method for splitting high-cost events (emergencies, surgeries) before they happen.
- Consider pet insurance if you want predictable monthly costs rather than unexpected large bills.
- Keep communication channels open for medical updates and scheduling visits.
How I handle it in Santa Clarita and Los Angeles cases
In the two recent Los Angeles settlements I finalized, both couples wanted terms about who would cover veterinary care and who would have custody. We drafted clear provisions and included them in the final agreements. It’s not something I include in every case, but when clients ask, we make sure the language is thorough and enforceable.
When you’re aiming for an amicable, uncontested divorce, taking care of the pet questions now saves stress later. Small details — vet bills, microchips, and visitation schedules — make a big difference in keeping the process peaceful.
Conclusion
If you’re going through a divorce and want to include your pet in the settlement, you can. Whether it’s who pays for veterinary care, who has custody, or how emergencies are handled, a clear agreement protects both parties and your pet’s well-being. If you need help drafting those provisions, reach out to a family law professional who understands how to translate practical needs into clear, enforceable language.
— Tim Blankenship, Divorce661