When a relationship ends, deciding who keeps the family pet can be just as emotionally charged as any other part of a separation. For Delaware residents, the legal landscape around pet custody has shifted meaningfully in recent years, giving courts more tools to protect companion animals during divorce proceedings.
Whether you are going through a divorce, ending an unmarried partnership, or simply want to plan ahead with a pet custody agreement, understanding how Delaware law treats your animal can save you time, money, and heartache. This guide walks you through what the law says, how courts decide, and what steps you can take to protect your bond with your pet.
Important Note: This article is for general informational purposes only and does not constitute legal advice. Pet custody situations vary widely. Consult a licensed Delaware family law attorney for guidance specific to your circumstances.
Are Pets Considered Property in Delaware
Delaware considers dogs — and companion animals generally — personal property. At the same time, it is one of a small group of states that allows courts to consider companion animals’ best interests when divorces require the division of property.
Pet custody laws resolve ambiguity by ensuring animals, while legally classified as property, are treated differently from furniture, cars, and other inanimate marital assets — and that decisions about their placement are made within a framework that recognizes their interests as sentient beings.
Historically in Delaware, household pets were considered personal property in a divorce and divided between spouses along with other household items, like silverware, couches, and electronics. That baseline still exists in the law, but the 2023 reforms layered meaningful new protections on top of it. Your pet is still legally classified as property — but Delaware courts are now required to treat that property very differently from a piece of furniture.
It is also worth noting that the law draws a clear line around which animals qualify. A companion animal is defined as “an animal kept primarily for companionship” and expressly excludes working animals, service animals, and animals kept primarily as a source of income. If you own livestock, horses used for work, or other income-generating animals, those fall outside the companion animal framework and would be divided as standard marital assets.
For more on how Delaware regulates animals in other contexts, see our overview of goat ownership laws in Delaware and backyard chicken laws in Delaware.
Does Delaware Consider the Pet’s Best Interest in Custody Disputes
Yes — and this is where Delaware stands apart from many states. House Bill 95, signed into law in 2023, requires courts to consider companion animals’ wellbeing when determining “custody” in cases of divorce, making Delaware the seventh state to mandate that companion animals be treated differently from other types of marital property in divorce and separation proceedings.
In Delaware divorces, considering a companion animal’s well-being includes evaluating each party’s ability to provide care, its attachment to each party, and the time and effort each party spent tending to its needs. This framework pushes courts to look at the actual day-to-day relationship between you and your pet, not just whose name appears on a receipt.
Courts in states with similar laws look at whose name is on veterinarian records or adoption paperwork. Then they ask, “Who takes the dog on a walk? Who’s the one who picks out the horse’s stall? Who’s the one who gives the diabetic cat their injections? Who’s doing all these things that are necessary for the care of an animal that don’t show up on paperwork?”
At the same time, Delaware courts are careful not to extend the full machinery of child custody proceedings to pet disputes. Courts have been sympathetic to pet owners in applying “best-interest” standards, but also wary of extending the same resources available in child custody cases — such as forensic evaluations or expert witnesses. The best-interest consideration is real, but it operates within a more streamlined framework than what you would see in a child custody battle.
Pro Tip: Keep records of veterinary visits, grooming appointments, training classes, and daily care routines. Documentation of who actually cares for the pet day-to-day can carry significant weight in a Delaware court.
How Pet Custody Is Decided in Delaware Divorce Cases
House Bill 95, signed on June 27, 2023, amended Title 13 of the Delaware Code relating to companion animals in the disposition of marital property. It requires Family Court to award possession and provide for the care of companion animals when dividing marital property after considering the well-being of the companion animal.
In determining the companion animal’s placement, the court must consider the ability of each spouse to own, support, and provide the necessary care for the pet, the attachment between the pet and each party, and the time and effort each party spent with the pet during the marriage. These three pillars — capacity to care, emotional attachment, and demonstrated effort — form the core of how a Delaware Family Court judge weighs the decision.
There is also an important procedural protection that kicks in the moment a divorce petition is filed. Under HB 95, once a petition for divorce or annulment has been filed, a companion animal cannot be transferred, concealed, disposed of, or spayed or neutered without the written agreement of both parties. This provision prevents one spouse from unilaterally removing or altering the pet’s status while the case is pending.
Even though the judge can decide where the animal lives and who must pay for its care, the law does not come close to treating animals like children in divorces. “This is nothing like custody,” said Rep. Griffith. “It’s just recognizing that companion animals are different than other objects and property acquired in the marriage.”
The following table summarizes the key factors a Delaware court weighs when deciding pet placement in a divorce:
| Factor | What the Court Looks At |
|---|---|
| Ability to provide care | Housing stability, work schedule, financial capacity for vet bills and food |
| Attachment to the pet | Length and depth of bond; who the animal responds to |
| Time and effort spent | Who fed, walked, groomed, and took the pet to the vet during the marriage |
| Documentation | Vet records, adoption paperwork, licensing with the owner’s name |
| Domestic violence history | Whether either party has a history of harming or threatening the animal |
For comparison on how neighboring states handle similar disputes, see our guides on pet custody laws in Pennsylvania and pet custody laws in New Jersey.
Can You Get Shared Custody or Visitation for a Pet in Delaware
Delaware law gives Family Court the authority to award either sole or joint ownership of a companion animal. With the passing of House Bill 95, the Family Court must award sole or joint ownership of “companion animals” to spouses in divorce cases after consideration of the pet’s well-being. That “joint ownership” option is the legal equivalent of shared custody — the court can assign the animal to both parties rather than forcing an all-or-nothing outcome.
Some courts have awarded shared custody to divorced spouses jointly, or ordered visitation rights with the pet for the non-custodial owner. While Delaware’s statute does not spell out a formal visitation schedule the way child custody orders do, the joint ownership framework gives judges the flexibility to craft arrangements that work for both parties and the animal.
In practice, many couples who reach agreement outside of court build their own shared-care schedules — alternating weeks, holiday splits, or arrangements tied to the children’s custody schedule if kids are also involved. A written agreement filed with the court gives that arrangement legal weight and makes enforcement cleaner if disputes arise later.
Pro Tip: If you and your spouse both want time with the pet, try to negotiate a written shared-care plan before litigation. Judges generally prefer agreements the parties reach themselves, and a detailed plan shows the court that both of you are focused on the animal’s stability.
You may also want to review how other states approach this question. Our articles on pet custody laws in New York and pet custody laws in Minnesota cover states that have developed their own shared-custody frameworks.
What Happens to Pet Custody for Unmarried Couples in Delaware
This is where Delaware’s protections have a significant gap. House Bill 95 applies specifically to marital property in divorce proceedings. If you and your partner were never married, the law’s companion animal provisions do not apply to your situation.
No state currently addresses what to do about pets when unmarried co-owners separate. Delaware is no exception. When an unmarried couple splits and cannot agree on who keeps the pet, the dispute falls into general property law — which means standard ownership rules apply.
A real Delaware case illustrates how this plays out. Joseph Nelson and Karen Callahan acquired a goldendoodle while dating. Had they married, a family court would have applied the 2023 Delaware law allowing a judge dividing marital property to consider a companion animal’s “well-being.” When Nelson kept the dog post-breakup, Callahan reclaimed the dog through the justice of the peace court, which decided she was the rightful owner, but two other courts found the couple shared ownership.
Callahan went to Chancery Court in 2024 seeking a “partition” remedy. The judge wanted the couple to figure out what to do, but when they could not agree, she ordered an auction where the highest bidder gets the dog and the other person is compensated. The result — a private auction between the two former partners — underscores how blunt the legal tools are when marriage law does not apply.
If you are unmarried and share a pet, the strongest protections available to you are ones you create in advance. A written co-ownership agreement that specifies what happens to the animal if you separate can prevent a dispute from ending in a courtroom — or an auction. See the next section for how these agreements work.
How a Prenup or Pet Custody Agreement Affects Delaware Courts
Delaware courts generally respect written agreements between parties that address property division, and companion animals fall within that framework. A prenuptial agreement, postnuptial agreement, or standalone pet custody agreement can specify in advance who keeps the pet, how care costs are shared, and whether any visitation arrangement applies after separation.
Since companion animals are defined as property under the law, these cases are legally about “ownership.” Custody agreements that address pets are treated as property agreements, not parenting plans. That distinction matters: courts apply contract law principles to evaluate them, not the best-interest analysis used for children.
For a prenuptial agreement to hold up in Delaware Family Court, it generally needs to be in writing, signed voluntarily by both parties, and executed before the marriage. Agreements made under duress or without adequate disclosure of each party’s financial situation can be challenged. A pet custody clause within a valid prenup is more likely to be honored if it is specific — naming the animal, describing the care arrangement, and addressing what happens if circumstances change substantially.
Postnuptial agreements and separation agreements can accomplish the same goal during a marriage or at the point of separation. If both parties agree on who keeps the pet and put that in writing, a Delaware court is unlikely to override the agreement as long as it does not violate public policy.
- Name the specific animal (breed, name, microchip or license number) in the agreement
- Specify which party retains primary ownership and where the animal will live
- Address financial responsibility for veterinary care, food, and grooming
- Include a process for resolving future disputes, such as mediation before litigation
- Have the agreement reviewed by a Delaware family law attorney before signing
For a broader look at how agreements shape outcomes in other states, our guides on pet custody laws in Arizona and pet custody laws in Wisconsin offer useful comparisons.
Recent and Pending Pet Custody Law Changes in Delaware
The most significant recent change to Delaware pet custody law is the 2023 three-bill package that reshaped how courts handle companion animals in family proceedings. As reported by WHYY, “the bills grew out of an Animal Welfare and Family Law seminar organized by Family Court Judge Jennifer B. Ranji, who once headed the Delaware agency that conducts child abuse and neglect investigations.” The bills, introduced in March 2023, enjoyed widespread support and moved quickly through the legislature.
House Bill 95 was signed on June 27, 2023. Alongside it, the legislature also passed Senate Bill 70 and Senate Bill 71, which addressed companion animals in the context of domestic violence. Abuse of companion animals is now officially recognized as a form of domestic violence that serves as a basis for obtaining a Protection from Abuse Order. This includes actually harming or attempting to harm the animal, engaging in conduct likely to cause the person to fear that the animal will be harmed, and engaging in cruelty to the animal when such actions are used to coerce, control, punish, or intimidate a person who is closely bonded with the animal.
Senate Bill 70 also provides specific authority for the court to include provisions in a protection from abuse order that grant a petitioner exclusive care, custody, or control of a companion animal and order a respondent to stay away from the companion animal. This means that if your pet is used as a tool of abuse or threatened during a domestic violence situation, you can seek a court order protecting both yourself and the animal in a single proceeding.
As of June 2026, no additional Delaware legislation specifically targeting pet custody in divorce has been publicly introduced or signed since the 2023 package. The January 2026 Tucker case reported by Insurance Journal highlighted an ongoing gap: the best-interest framework does not extend to unmarried couples, and courts handling those disputes continue to rely on general property and partition law. Legal observers and animal welfare advocates have noted this gap, and it may attract legislative attention in future sessions — but no bill addressing it has been confirmed as of this writing.
The Animal Legal Defense Fund, which assisted with drafting the 2023 legislation, continues to track state-level pet custody developments nationally. Monitoring their updates is a practical way to stay informed about any future Delaware changes.
Key Insight: The 2023 reforms were a meaningful step forward, but they apply only to married couples going through Family Court. Unmarried partners, co-habitating couples, and roommates who share a pet still operate under general property law with no best-interest standard in place.
For context on how Delaware’s approach compares to the broader national trend, see our articles on pet custody laws in Georgia, pet custody laws in Tennessee, and pet custody laws in North Carolina. You may also find our Delaware-specific animal law guides useful, including our overviews of dog leash laws in Delaware and pit bull laws in Delaware.
Frequently Asked Questions About Pet Custody in Delaware
Does Delaware Law Apply to Cats, Birds, and Other Pets — or Just Dogs?
The law separates the family pet — be it a dog, cat, bird, rodent, or reptile — from other property when dividing an estate. The companion animal framework applies broadly to animals kept primarily for companionship, not just dogs.
What If My Pet Was Owned Before the Marriage?
If the judge determines that a pet is marital property, usually because it was obtained during the marriage, the judge can award ownership of the pet to one or both spouses. A pet you owned before the marriage may be considered separate property and not subject to division — though commingling (such as both spouses paying for the pet’s care throughout the marriage) can complicate that analysis. An attorney can help you assess your specific situation.
Can I Lose My Pet Due to Domestic Violence Allegations?
Yes. Under Senate Bill 70, signed in 2023, a Delaware court issuing a Protection from Abuse Order can grant the petitioner exclusive custody of a companion animal and order the respondent to stay away from the animal. A history of harming or threatening the pet will weigh heavily against you in any related divorce proceeding as well.
Are Pet Custody Disputes Handled in Family Court or Civil Court?
For married couples, pet custody is handled in Delaware Family Court as part of marital property division. For unmarried couples, disputes fall into civil court — most likely the Court of Common Pleas or, in more complex cases, the Court of Chancery, as seen in the 2024 Tucker case.
If you share a pet with a co-owner and want to understand your rights under Delaware law, reviewing our guide on neighbor’s cat in your yard laws in Delaware may also provide helpful context on how the state treats animal ownership disputes more broadly. For pet custody frameworks in nearby states, our guides on pet custody laws in Michigan offer additional perspective.