Pet Custody Laws in Colorado: What Happens to Your Pet in a Divorce

Losing a pet in a divorce can feel just as painful as any other loss the process brings. Whether you share a dog, a cat, or another companion animal, the question of who keeps the pet is one that many Colorado couples find surprisingly difficult to navigate.

The challenge is that Colorado law does not treat pets the way most owners think of them. Understanding exactly where the law stands — and what you can do about it — is the first step toward protecting your relationship with your animal.

Key Insight: Colorado is currently considering legislation that could significantly change how courts handle pet custody. House Bill 26-1131, introduced in February 2026, remains under consideration as of the publication of this article. The information below reflects current law, with notes on what may change.

How Colorado Law Classifies Pets in a Divorce

From the standpoint of Colorado family law, pets are considered “personal property,” meaning they are treated in essentially the same manner as any other piece of personal property, such as an automobile or item of jewelry. This classification surprises many pet owners who think of their animals as family members rather than possessions.

Colorado law treats pets as an “asset” or “property.” Asset division laws in Colorado are contained in C.R.S. Section 14-10-113, which says that marital property — in general, all property acquired during a marriage, with some exceptions for gifts, inheritance, trusts, and prenuptial and postnuptial agreements — is “equitably” divided.

If a pet was owned by one spouse before the marriage or received as a gift or inheritance, it is usually treated as separate property and remains with that spouse. Pets acquired during the marriage, regardless of whose name is on the adoption or purchase documents, are generally considered marital property and subject to division.

Colorado follows an equitable distribution system, meaning marital assets must be divided fairly, not necessarily equally. This principle applies to pets as well, so courts focus on fairness rather than splitting time or ownership evenly.

Important Note: “Equitable” does not mean equal. A judge will not literally divide a pet between two people — one party will receive ownership. The “equitable” standard simply means the overall division of all marital assets must be fair.

Colorado has laws in C.R.S. Section 14-10-124 and C.R.S. Section 14-10-129 regarding “parenting time” and “decision making” allocation for human children, but those laws do not extend to pets of any kind. You can read more about how Colorado regulates animals more broadly in our overview of dog leash laws in Colorado and backyard chicken laws in Colorado.

Does Colorado Consider the Pet’s Best Interest

Unlike in child custody cases, Colorado family courts are not required to consider the best interests of the animal. This is one of the most important distinctions to understand when you enter a divorce involving a pet.

In divorce cases, animals are typically assigned a monetary value based on their fair market price. That means a purebred dog purchased for $2,000 is evaluated primarily on that dollar figure, not on the emotional bond you have built over years of companionship.

That said, the legal landscape in Colorado is actively shifting. House Bill 26-1131, sponsored by Democratic Rep. Alex Valdez of Denver, would require courts to consider the best interests of pets when couples separate, treating animal companions differently from other marital property.

At the heart of this proposed legislation is a concept that courts would be required to consider the best interest of the pet animal when awarding custody — moving beyond questions of ownership and property rights to focus instead on the animal’s health, safety, comfort, and well-being.

If enacted, the legislation would take effect on August 12, 2026, and would establish a framework remarkably similar to child custody determinations, but tailored specifically for the unique considerations involved with companion animals. However, as of May 2026, the proposed bill only narrowly passed the initial hearing and faces opposition, with the Colorado Bar Association raising concerns about how divorces are often already overloaded with child custody and domestic violence matters, and some lawmakers expressing concern that adding pet custody hearings would increase the workload for lawyers and drive up costs.

Pro Tip: Even under current law, some judges will voluntarily consider a pet’s welfare when deciding which party gets ownership. Presenting evidence of your caregiving role can still make a meaningful difference in the outcome.

How Colorado Courts Decide Who Gets the Pet

Although Colorado law does not recognize pet custody in the same way it does with children, judges have discretion when dividing marital property. In practice, courts may consider who primarily cared for the pet through feeding, walking, and vet visits, and who has more time or resources to care for the animal.

Since there are no specific Colorado laws addressing pet custody, presenting the judge with facts to support your position about pet custody is an important way to help the judge understand why the equitable distribution should be done in a particular way. Some of the things to bring to the court’s attention include the primary caregiver — typically the person responsible for daily care, feeding, exercise, and veterinary care.

Beyond caregiving history, several other factors can influence a judge’s decision:

• Pre-marriage ownership: If the pet was acquired before the marriage, providing evidence of ownership prior to the union can be influential.
• Emotional bond: Judges may, in their discretion, consider the emotional bond between the pet and each party. Evidence of a strong and meaningful connection can sway the court’s decision.
• Children’s relationship with the pet: If there are children involved, the spouse with primary custody will likely also get the pets, as courts have held that siblings should not be separated from one another, leaving most of the pack intact.
• Financial ability to provide care: The court may also consider the parties’ financial resources, the cost of providing care for the pet, and the significance of the animal to both parties’ lives.
• Prior written agreements: Preexisting agreements, such as prenuptial agreements or written, signed pet custody agreements, may play a significant role in determining the outcome of the case.

Colorado courts have a history of taking account of personal stories in cases involving pets. In other words, although the letter of the law certainly views pets as property, this does not mean that judges will not consider the personal circumstances underlying pet ownership altogether when assigning pets in a divorce.

If you are also navigating animal ownership questions in other states, our guides on dog leash laws in California and dog leash laws in Arizona cover relevant local regulations.

Common Mistake: Many pet owners assume that having their name on a veterinary account or adoption paperwork automatically means they will keep the pet in a divorce. While documentation helps, courts weigh multiple factors and are not bound by a single record.

Can You Get Joint Custody of a Pet in Colorado

In most cases, courts in Colorado do not have the authority to order joint custody or visitation for pets. Judges are required to follow property division laws and make decisions based on ownership, not emotional connections. That said, spouses can agree privately to shared care or visitation and include those provisions in a separation agreement.

Joint custody of pets is possible in Colorado, but is generally inconsistent with the concept that the role of the court in a divorce case includes severing joint interests so that the parties do not continue to remain entangled with each other. In short, a judge will not typically impose a shared arrangement — but you and your spouse can create one yourselves.

If you and your spouse agree to shared care, the arrangement should address several practical matters:

• Which home the pet lives in primarily, and when it transitions between households
• How the costs for the pet will be handled, and how decisions about things like veterinary care, training, and end-of-life decisions will be made
• What happens if one party wants to relocate or can no longer care for the pet
• Who serves as the decision-maker if the two of you disagree on a medical issue

If the parties have children together, it is possible that a court may decide that the pets will travel with the children for parenting time if both parents are able to have the pet in their homes. This is one of the more common informal arrangements that courts do support.

If HB26-1131 passes, when awarding shared custody, courts would be required to order a division of care and custody, including time spent with the pet and expenses for food, toys, grooming, training, and veterinary visits. Additionally, parties could file for modifications if circumstances substantially change, and couples could also enter their own custody agreements at any time before the court makes a determination, with judges having authority to enforce such agreements, including through contempt proceedings.

For context on how other states approach animal-related laws, see our articles on dog leash laws in Florida and dog leash laws in Ohio.

What Happens to Pets for Unmarried Couples in Colorado

If you and your partner were never married, a divorce court has no jurisdiction over your dispute at all. Pet ownership between unmarried couples in Colorado falls entirely outside of family law and is instead handled as a civil property matter.

The core question becomes: who owns the animal? Courts will look at concrete evidence to answer that question, including:

• Whose name appears on the adoption or purchase paperwork
• Who paid for the animal
• Whose name is on the microchip registration or license
• Who has paid for veterinary care and whose name appears on those records
• Any written agreements between the two of you about the pet

Since there are no clear legal provisions specifically addressing how to divide pets, as opposed to other types of property, such disputes can lead to prolonged litigation and increased emotional strain. To avoid this, many couples choose to negotiate privately or use mediation, which allows them to reach mutually agreeable solutions, such as shared custody, visitation schedules, or financial contributions toward the pet’s care.

Given the lack of statutory and consistent judicial support for animal custody arrangements, it is essential for parties to enter into private contracts in order to protect the interests they have in companion animals. Whether this contract is made prior to or at the time of the separation, people who truly care about the best interests of an animal will need to agree on arrangements that provide the best environment possible for the animal.

Important Note: Unmarried couples do not have access to the family court system for pet disputes. If you cannot resolve the matter privately or through mediation, your options may be limited to small claims court (if the animal’s value falls within the threshold) or civil court, both of which treat the pet strictly as property.

If your situation involves exotic or less common animals, our guide on United States laws on exotic pets may also be relevant to your ownership questions.

How to Protect Your Rights to a Pet Before or During Divorce in Colorado

The most effective protections are ones you put in place before a dispute ever arises. But even if you are already in the middle of a divorce, there are meaningful steps you can take to strengthen your position.

Before Marriage: Use a Prenuptial Agreement

As any seasoned family law attorney will tell you, anything you care about, put it in a prenup. You can spell out in your prenuptial agreement exactly how your pets will be cared for in the event of a divorce.

Couples may even choose to include all pet-related decisions in a prenuptial agreement. This may include details on which spouse gets primary custody of the pet in case of a divorce, which party will take care of pet-related expenses, and even visitation time with the other spouse.

During Marriage: Document Your Role as Caregiver

Ongoing documentation is one of the most underutilized tools in pet ownership disputes. Building a clear record of your caregiving role strengthens your position significantly if a dispute arises later.

• Keep veterinary bills and records in your name
• Register the pet’s microchip and license in your name
• Keep records of vet bills, pet supplies, and other evidence of care
• Maintain photos, videos, and dated records showing your daily involvement
• Keep receipts for food, grooming, training, and supplies

During Divorce: Negotiate Rather Than Litigate

You and your former spouse are strongly encouraged to reach an agreement on pet ownership so the matter does not reach the courtroom. Litigation over a pet is expensive, emotionally draining, and unpredictable — and the outcome rests entirely in a judge’s hands.

In many cases, divorcing couples can negotiate and reach an agreement on pet ownership outside of court. Through mediation or alternative dispute resolution methods, spouses can discuss their preferences, concerns, and willingness to share custody or come to a resolution.

These methods allow couples to reach mutually agreeable solutions, such as shared custody, visitation schedules, or financial contributions toward the pet’s care. The agreements can then be incorporated into the divorce decree for enforceability.

Consider the Pending Legislative Change

If you want an enforceable pet custody agreement and can delay finalizing your decree until after August 12, 2026, you may be able to take advantage of the new framework if HB26-1131 is enacted. Otherwise, you will need to make peace with either an informal arrangement or the current “property management” approach under existing law.

For additional context on how Colorado regulates animals in various settings, explore our articles on rooster laws in Colorado, hedgehog ownership laws in Colorado, and roadkill laws in Colorado.

Pro Tip: If you and your spouse cannot agree, consider proposing that the pet follow the children’s custody schedule. Courts are more receptive to this kind of arrangement because it connects the pet’s placement to an existing, court-approved framework rather than creating a separate pet-specific order.

A Note on Domestic Violence Situations

It is worthy of note how a pet may be affected by domestic violence or other family issues. If one spouse has committed acts of violence against the other or their pet, it is critical to seek legal advice and consider the animal’s well-being. Additionally, the proposed HB26-1131 bill expands emergency protection order provisions to allow courts to award temporary custody and care of a pet animal when “the risk or threat of physical harm or the threat of psychological or emotional harm exists” to the animal. If you are in this situation, speak with a family law attorney as soon as possible.

Colorado’s treatment of pets in divorce is evolving, but it remains grounded in property law for now. The clearest path forward — whether you are preparing for marriage, navigating a separation, or trying to protect an animal you love — is to document your role, communicate openly, and put any agreements in writing before a dispute forces the matter into a courtroom. You can also explore state-specific animal law topics through our guides on dog leash laws in Tennessee, dog leash laws in Michigan, and dog leash laws in Minnesota.