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

Losing a pet in a divorce can feel just as painful as any other separation. For many Maine residents, a dog, cat, or other companion animal is not a piece of furniture — it is a daily presence, a source of comfort, and a genuine member of the household. The law has slowly started to reflect that reality.

Maine took a meaningful step forward in 2021 when it enacted LD 535, moving away from treating companion animals as pure property in divorce proceedings. If you are facing a separation and worried about what happens to your pet, understanding how Maine courts approach this question can help you make informed decisions — and potentially avoid a courtroom fight altogether.

Important Note: This article is for general informational purposes only and does not constitute legal advice. Pet custody situations vary widely. Consult a licensed Maine family law attorney for guidance specific to your circumstances.

Are Pets Considered Property in Maine?

In the state of Maine, divorce law classifies pets as property, even though pet owners themselves will almost certainly view their furry friends as honorary members of their family. That classification has not disappeared, but it has been significantly modified by statute.

Maine is the fifth state to move away from the strict property analysis that has long been the standard in determining ownership — or custody — of an animal, with the enactment of An Act To Provide for the Well-being of Companion Animals upon the Dissolution of Marriages (LD 535). The law was passed in 2021 and is codified at 19-A M.R.S.A. § 953(10), making Maine the fifth state with a specific companion animal custody statute.

The statute applies only to “companion animals,” defined as animals kept primarily for companionship rather than as working animals, service animals, or farm animals kept for profit. This means dogs, cats, rabbits, and similar household pets fall under the statute, while livestock and agricultural animals remain subject to standard equitable distribution. If you own a hobby farm or keep production livestock, those animals are handled differently — the court looks at their monetary value as part of the marital estate rather than applying the companion animal factors.

Service animals are also treated distinctly. If someone in the marriage has a service animal, that animal goes with them in the event of a divorce. That outcome is generally straightforward and does not require the court to weigh the six-factor analysis discussed below.

For more on how Maine regulates animals beyond the family home, you may find it helpful to read about dog leash laws in Maine and pit bull laws in Maine.

Does Maine Consider the Pet’s Best Interest in Custody Disputes?

Maine law now requires courts to consider the well-being of a companion animal in divorce or separation proceedings when determining with whom the animal will live. However, the standard is not identical to the “best interest of the child” test used in child custody proceedings.

Maine courts must evaluate six specific factors under 19-A M.R.S.A. § 953(10) when deciding pet custody cases. These factors shift the analysis from pure property valuation to a well-being standard that resembles, but is legally distinct from, the best-interest-of-the-child standard used in child custody proceedings.

Maine’s approach is notable for its specificity. While Alaska and Illinois use a general “best interest” standard, Maine’s statute enumerates six explicit factors that the court must consider, providing more predictable outcomes for pet custody cases. Knowing what those factors are gives you a clearer picture of what a judge will actually look at if your case goes to a hearing.

As of the date of this article, eight states — Alaska, California, Illinois, New Hampshire, Maine, New York, Washington DC, Delaware, and Rhode Island — have passed pet custody legislation. Maine sits among that group as one of the more structured frameworks, thanks to its enumerated statutory factors.

Pro Tip: Keep records of veterinary appointments, food purchases, grooming visits, and daily care routines throughout your relationship. This documentation directly supports the factors a Maine court will weigh if pet custody becomes contested.

How Pet Custody Is Decided in Maine Divorce Cases

When both spouses want to keep the same companion animal, the court applies a structured analysis rather than simply asking who paid for the pet. If both parties want to keep a pet, the court will determine who has the best claim by considering several factors. This determination process is a hybrid version between what a court would use to determine the possession of inanimate objects and the custody of a child.

The law requires courts to evaluate six factors including the pet’s well-being, caregiving history, and any history of animal abuse before awarding ownership. Based on the statutory language of 19-A M.R.S.A. § 953(10), those six factors include:

• Daily care history — The court examines which spouse is better positioned to meet the companion animal’s basic daily needs, including food, water, shelter, exercise, and veterinary care.
• Time spent caring for the animal — The amount of time each person in the marriage has spent caring for the animal while the couple was together is a direct statutory consideration.
• Emotional attachment — Any emotional attachment between the animal, either person in the marriage, and any children in the household is weighed by the judge.
• Living arrangements — Judges look at the practical living arrangements each spouse will maintain after divorce, including yard space, pet-friendly housing, and proximity to veterinary services.
• Financial support — Who paid for veterinary bills, food, medications, and other costs of care during the marriage is relevant to the court’s analysis.
• History of domestic or animal abuse — Any documented history of violence toward the animal or the other spouse weighs heavily against the abusive party.

Where a pet has significant monetary value — such as a show dog or breeding stock — the financial dimension becomes more complex. If you have a high-value pet, one spouse may need to pay the other half the value of the animal in order to keep that animal.

It also matters when the pet entered the picture. A pet acquired during the marriage is marital property. A pet owned by one spouse before the marriage may be separate property, though courts can consider how the other spouse contributed to the animal’s care during the marriage. So even a pre-marital pet is not automatically awarded to its original owner if the other spouse was the primary caregiver throughout the relationship.

If the case is uncontested, the process is simpler. In an uncontested Maine divorce, both spouses agree on all issues including pet custody before filing, and the court approves the agreement without applying the six-factor analysis. Reaching an agreement on your own — with or without attorneys — is almost always faster, less expensive, and less emotionally taxing than a contested hearing.

To see how other states handle similar situations, you can review pet custody laws in New York and pet custody laws in New Jersey, both of which have also enacted companion animal legislation.

Can You Get Shared Custody or Visitation for a Pet in Maine?

This is one of the most common questions pet owners ask, and the honest answer is that Maine courts are cautious here. California stands alone in authorizing court-ordered joint ownership, which Maine explicitly does not permit. A Maine judge will award the companion animal to one spouse, not divide ownership between two households the way a court might split financial assets.

That said, voluntary arrangements are a different story. It is extremely unlikely that a judge will grant a visitation schedule in a divorce order. If you would like to include a visitation schedule in your divorce judgment, the best way to do so is for you and your spouse to agree to a schedule on your own and ask for it to be included in your agreement.

When you reach a settlement, you include the pet allocation in your marital settlement agreement filed with the court. The agreement should specify which party receives ownership, how outstanding veterinary bills are divided, and whether the non-owning spouse receives any visitation rights. Courts will generally honor those voluntary terms as long as they are part of a properly executed settlement agreement.

If shared time with your pet matters to you, negotiating it directly with your spouse — ideally with the help of a mediator or attorney — is far more reliable than hoping a judge will impose it. Maine family courts simply are not structured to enforce pet visitation the way they enforce child visitation, and attempting to litigate it can add cost and delay without a guaranteed outcome.

Pro Tip: If you and your spouse agree to a shared pet schedule, put every detail in writing: who has the pet on which days, who covers routine vet costs, and how emergency medical decisions are made. Vague agreements lead to future disputes.

What Happens to Pet Custody for Unmarried Couples in Maine?

If you and your partner were never married, Maine’s companion animal statute under 19-A M.R.S.A. § 953(10) does not apply to you. That law is embedded in Maine’s domestic relations code, which governs the dissolution of marriages. Unmarried couples who did not establish a valid common law marriage in another state have no access to Maine’s divorce courts or equitable distribution laws when their relationships end. Maine’s property division statutes under 19-A M.R.S. § 953 apply exclusively to married couples.

Maine does not recognize common-law marriages, which means even a long-term cohabiting relationship does not grant either partner access to the divorce court framework. When unmarried partners separate, each person retains individual ownership of property titled in their name alone, and jointly-owned property must be divided through civil litigation rather than family court proceedings.

In practice, this means a pet dispute between unmarried partners is treated as a property dispute in civil court. The judge will look at whose name is on the adoption or purchase paperwork, who paid for the animal, and other ownership indicators. Courts will give deference to whose name property is titled in — a lesson that applies directly to pet ownership documents.

If you are an unmarried pet owner, the single most protective step you can take is to maintain clear records: adoption contracts, purchase receipts, veterinary registration, and microchip records in your name. These documents function as the closest thing to a “title” for a companion animal and carry significant weight in a civil ownership dispute.

You can compare this approach with how other states handle unmarried partners in our articles on pet custody laws in Michigan and pet custody laws in Minnesota.

How a Prenup or Pet Custody Agreement Affects Maine Courts

Maine law gives couples meaningful tools to decide pet custody on their own terms before a divorce ever happens. The legislation does not change the parties’ ability to enter into agreements prior to their divorce decree to provide for the custody and care of a pet. In fact, it encourages it given the factors the judge will have to consider in a hearing.

Maine law permits prenuptial agreements to address the full range of financial matters between spouses, including property rights, spousal support obligations, estate planning provisions, and debt allocation, though child custody and child support provisions are explicitly prohibited from inclusion. Pets, however, are treated as property — and property provisions are squarely within the scope of a valid Maine prenup.

There are a ton of other clauses you can include — pets, taxes, rings, etc. — the list goes on and on. As long as it does not violate public policy or any laws, it’s a go. A pet clause in a prenuptial agreement can designate which spouse owns the animal, how care costs are split during the marriage, and who takes the pet if the marriage ends.

For the prenup to hold up, it must meet Maine’s statutory requirements under the Uniform Premarital Agreement Act. Maine prenups require written agreements signed by both parties under 19-A M.R.S. § 603. Both parties must also provide full financial disclosure, and the agreement cannot be the product of coercion or fraud.

A standalone pet custody agreement — sometimes called a “pet nuptial” or cohabitation agreement — can serve a similar function for unmarried couples. While Maine civil courts are not required to enforce these agreements the same way a divorce court enforces a prenup, a clearly written contract signed by both parties creates strong evidence of intent and mutual understanding. It also gives you something concrete to present if the dispute ends up in small claims or civil court.

For a broader look at how prenups and pet agreements work across state lines, see our coverage of pet custody laws in Washington and pet custody laws in Pennsylvania.

Recent and Pending Pet Custody Law Changes in Maine

Maine’s foundational pet custody statute — LD 535, enacted in 2021 — remains the controlling law as of 2026. Maine is the fifth state to move away from the strict property analysis that has long been the standard in determining ownership of an animal with the enactment of An Act To Provide for the Well-being of Companion Animals upon the Dissolution of Marriages. The six-factor framework it established under 19-A M.R.S.A. § 953(10) has not been amended since its passage.

The broader national trend continues to move in Maine’s direction. More and more states are adopting laws to guide courts through factors to consider in awarding shared or sole pet custody; these often include the best interest of the animal and any history of animal abuse or human violence. Maine’s statute already incorporates both of those elements, putting it ahead of many states that still treat companion animals as ordinary chattel.

One area where Maine’s law remains more limited than some states is court-ordered shared custody. California stands alone in authorizing court-ordered joint ownership, which Maine explicitly does not permit. Whether Maine will eventually expand its statute to allow judges to order shared arrangements — rather than leaving that solely to voluntary agreements — remains an open legislative question.

Maine has also been a national leader on the intersection of domestic violence and animal protection. In 2006, Maine became the first state to protect both domestic violence survivors and companion animals by ensuring companion animals could be included in protective orders. In 2013, the Maine Legislature amended the law to clarify its application to include temporary orders. That protection remains in place and is separate from — but complementary to — the divorce-specific companion animal statute.

If you are watching for legislative developments, the Animal Legal Defense Fund’s Maine project page and the MSPCA-Angell pets in divorce resource are reliable sources for tracking changes in this area of law.

For context on how Maine’s approach compares to neighboring and similarly structured states, explore our guides on pet custody laws in Georgia, pet custody laws in Tennessee, pet custody laws in Wisconsin, and pet custody laws in Arizona.

Key Takeaways for Maine Pet Owners

Maine has built one of the more structured pet custody frameworks in the country. The six statutory factors under 19-A M.R.S.A. § 953(10) give both spouses and judges a clear roadmap, and the law’s emphasis on the companion animal’s well-being — rather than pure monetary value — reflects how most people actually think about their pets.

If you are married and facing divorce, document your caregiving history, understand that court-ordered shared custody is not available in Maine, and consider negotiating a voluntary arrangement if shared time matters to you. If you are unmarried, protect yourself now by keeping ownership records in your name and considering a written cohabitation agreement.

For other Maine animal law topics relevant to pet owners, you may also want to review leash laws in Maine, kennel zoning laws in Maine, and hedgehog ownership laws in Maine. And if you keep animals beyond typical household pets, our guides on backyard chicken laws in Maine and goat ownership laws in Maine cover the rules that apply to those situations.