Who Gets The Dog When Couples Divorce?

Over a quarter of divorces in the past year have involved custody of a pet. In fact, since 2019 lawyers have seen a 56 percent increase in the number of divorce cases involving dogs and a 32 percent increase in cases involving cats. Let's find out more about who gets the dog when couples divorce in this article.

Other key findings of the dogs and divorce research include:

• There has been a 20 percent rise in the demand for ‘pet-nups’, prenuptial agreements involving pets, in the last three years
• Nearly half of the pet owners (46 percent) who have broken up with a partner believe their pet’s health was negatively affected
• Divorcing couples are spending upwards of £7,000 on legal fees to agree on custody of a pet

Who Gets The Dog When Couples Divorce?

• Over a quarter (27 percent) of divorces, last year involved the custody of a pet
• There has been a 20 percent rise in the demand for ‘pet-nups’, prenuptial agreements involving pets, in the last three years
• Nearly half of the pet owners (46 percent) who have broken up with a partner believe their pet’s health was negatively affected
• Divorcing couples are spending upwards of £7,000 on legal fees to agree on custody of a pet

Legal experts are increasingly finding custody of a pet is a common feature of divorce cases according to new research¹ from Direct Let Pet Insurance. Last year saw an estimated 101,500 divorces, of which over a quarter (27 percent) involved the custody or care of a dog or cat.

In around half of the divorce cases, where the custody of a pet is involved, they were prioritized over property and cars (both 55 percent), furniture, electrical items, household goods (53 percent), and jewelry, paintings, or collectibles (49 percent).

In 2021, more than 15,500 divorces involved a dog (15 percent) and 12,200 involved a cat (12 percent). Over the past three years, this number has risen sharply, with 5,600 more cases (56 percent) involving dogs and 2,900 more (32 percent) involving cats.

The last three years have seen a 20 percent rise in demand for ‘pet-nups’, pre-nuptial agreements, which cover pet custody in case a relationship breaks down. Owners are even now considering who would get custody of the pet in a divorce settlement before they are even married.

Divorce lawyers expect this rise to be due to the increasing number of relationships breaking down due to the pandemic (64 percent), the growing emotional connection to pets formed over lockdown (63 percent), and the rise in pet ownership during the pandemic (55 percent).

Pet ownership² has soared over the last few years. Some 16 million people now own a dog, 3.8 million of whom took ownership during the pandemic. The same trend is true for cats, with 2.7 million new owners in the last two years.

Divorce cases involving pets are taking a great deal of legal time. On average, family lawyers are spending nearly 24 hours per divorce case discussing the custody of a pet and agreeing on what will happen to the animal, the equivalent of three days’ work.

At an average hourly rate of £308 for those using specialist legal advice, couples could be spending upwards of £7,000 to agree on custody of their pet.

If expecting to pay and fight for custody over a pet, owners first need to understand what constitutes ownership.

Over two-fifths (42 percent) of divorce lawyers listed payment of daily care as the key factor, while over a quarter (28 percent) said the person listed as the owner on relevant paperwork is important.

The primary caregiver is considered in just 12 percent of cases.

While breakups are tough for all involved, the disruption can also impact animals.

Nearly half of the pet owners who have experienced a breakup (46 percent), more than four million people, believe their pet’s health was negatively affected by the breakdown of the relationship, some even needing veterinary treatment as a result (five percent).

In the event of a breakup, owners would consider several options when deciding who gets the pets. Current owners would consider setting up a financial agreement (36 percent) or sharing custody (35 percent).

Some would take the difficult decision of giving up ownership to their ex-partner (34 percent) or friend or family member (28 percent).

Of extreme concern is the number of people who would consider having their pet put down (16 percent) in the event of a relationship breakup.

Steps people have taken or would take, in the event of a breakup

Madeline Pike, a Veterinary Nurse said: “Adapting to new family dynamics is stressful for all involved, including animals who will often pick up on their owner’s emotions. We know that pets benefit from routine and if they are moving home or between homes, it may take some time to adjust.

“As a nation of animal lovers, it’s not surprising so many people would fight for custody of their pets if they were to break up with a partner.

Any changes to ownership or to the pet’s address should be shared with the pet’s insurer so details are kept up to date. When deciding what happens to your pet when your relationship ends, we’d urge owners to consider what they think is best for the animal and cause them the least disruption.”