Who Gets the Dog? Planning for Pets in a New York Prenup

How Does New York Law Treat Pets?

Traditionally, pets were treated as property. Since October 25, 2021, the Domestic Relations Law has required courts, when awarding possession of a companion animal in a divorce, to consider the best interest of the animal (DRL §236(B)(5)(d)(15)). “Companion animal” includes dogs, cats and other domesticated animals normally kept in or near the household (as defined in Agriculture and Markets Law §350(5)).

That sounds humane, but it also means that if neither spouse will give way, a court may examine who feeds, walks and takes the pet to the vet, and whose home and work schedule better suit its care. These disputes are slow, expensive and especially painful.

What Can a Prenup Say About Pets?

1. Ownership: Who keeps pets each of you brings into the marriage, and who keeps pets acquired together (you can list each animal).
2. Shared care: Whether to alternate care, how to handle holidays, and how handoffs work.
3. Costs: Who pays for food, grooming, pet insurance and veterinary bills, and in what shares.
4. Major medical decisions: Who decides on major surgery or end-of-life care, and whether both of you must be consulted.
5. Relocation: What happens if one of you moves out of state or abroad.
6. After death: Coordinate with your wills, or create a pet trust recognized under New York law (EPTL §7-8.1), to ensure long-term care.

Are These Provisions Enforceable?

Pet provisions are property terms. New York courts generally respect how the parties to a properly executed prenup have agreed to divide their property, including pets; the “best interest of the animal” standard mainly comes into play when there is no agreement and the court must decide. The more specific and reasonable the terms, the less room there is for a dispute later.

The Bottom Line

Your pet cannot speak for itself in court. Planning its future now, while you both love it and are both calm, is the responsible choice for your pet and for each other.

Attorney’s perspective

Pet provisions may look minor, but they are often the most emotional part of a divorce. I recommend naming each animal and spelling out costs and care, and where it helps, coordinating with your will or a pet trust so your pet is looked after no matter what happens.

For advice about your own situation, call +1 718-218-5805 or schedule a consultation. We meet clients in Flushing and Manhattan, in English or Chinese.

Series overview

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, please contact us.

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