Who Gets the Pet? What Indiana Law Says About Pet Custody in Divorce

Losing a pet in a divorce can feel just as painful as any other part of the separation — and for many people, it’s the part they dread most. You’ve shared daily walks, vet visits, and years of companionship with your animal. When a relationship ends, the question of who keeps the pet can quickly become one of the most emotionally charged disputes in the entire process.

What surprises many Indiana residents is how differently the law views that bond compared to how they experience it. Indiana’s approach to pet custody is shaped entirely by property law, not family law, and understanding that distinction early can save you significant heartache and legal confusion. This guide walks you through exactly how Indiana handles pet ownership in divorce and separation — and what steps you can take to protect your relationship with your animal.

How Indiana Law Classifies Pets in a Divorce

Indiana law classifies pets as personal property, not family members, meaning pet custody disputes in divorce are resolved under the same equitable distribution rules that govern furniture, vehicles, and bank accounts. This is the foundational reality you need to understand before anything else.

Indiana courts classify dogs, cats, and other household animals as personal property subject to equitable distribution under IC 31-15-7-4, the same statute that governs division of real estate, retirement accounts, and vehicles. In practical terms, your pet is treated in court the same way a couch or a car would be treated.

Indiana appellate courts have stated that their “jurisprudence is in line with the majority of states which have declined to treat animals as anything more than personal property” and have “refused to extend child custody precepts to dog disputes.” This position has been consistently upheld, and no Indiana legislation addressing pet custody was introduced during the 2024, 2025, or 2026 legislative sessions.

Important Note: Service animals occupy a distinct legal position. A trained service animal assigned to a disabled spouse by a medical provider or accredited training organization is not merely personal property but a medical necessity. Indiana courts applying equitable distribution factors under IC 31-15-7-5 would likely assign a service animal to the spouse who relies on it for disability-related assistance, as removing the animal would constitute a severe economic and medical hardship.

Emotional support animals (ESAs) occupy a middle ground. An ESA prescribed by a licensed mental health professional carries more weight than a pet with no documented therapeutic role, but Indiana courts have not established a specific rule distinguishing ESAs from ordinary household pets in divorce proceedings.

If you share pets with a partner and are also navigating questions about animal ownership boundaries in Indiana, it helps to understand how the state approaches animal-related legal questions more broadly.

Does Indiana Consider the Pet’s Best Interest

The short answer is no — and this is often the most difficult part for pet owners to accept. Indiana has no pet custody statute, no animal visitation framework, and no “best interests of the pet” standard.

“There is no ‘best interests of the canine’ standard in Indiana,” said Indiana Court of Appeals Judge Patricia Riley. This ruling came from a real case involving a family pet named Roxy, a Boston terrier. In her appeal of the divorce decree, the wife claimed the trial court erred by granting the children the right to take Roxy to the husband’s residence when Roxy was awarded solely to the wife. The appeals court agreed with the wife in a 3-0 ruling, stating that Indiana law clearly declares animals are personal property subject to distribution similar to any other marital assets, which necessarily includes sole possession by one person to the complete exclusion of the other.

This means a judge will not hear testimony about a pet’s emotional needs, daily routine preferences, or bonding with one spouse over another in the way a court would evaluate the best interests of a child.

Key Insight: States such as California, Alaska, and Illinois allow courts to consider the best interests of the pet when deciding who keeps them. Indiana has not followed this trend. If you feel strongly that the pet’s welfare should guide the outcome, your best path is a negotiated agreement — not a court ruling.

While the animal may be “priceless” to you or your soon-to-be ex-spouse, the sentimental value of the pet is not something the court will consider, and in that vein will not usually hear arguments as to the visitation or custody of the pet.

How Indiana Courts Decide Who Gets the Pet

When a pet dispute reaches a judge, the court applies property law principles rather than custody principles. Under IC 31-15-7-5, Indiana courts presume an equal 50/50 division of all marital property is just and reasonable, and that presumption applies to household animals. However, the outcome depends heavily on the specific circumstances of ownership.

The first question the court asks is whether the pet is marital or separate property:

• If you owned the pet before getting married, acquired the pet by gift or inheritance, or if your spouse agrees that the pet is yours, the pet is non-marital property and you will be awarded the pet in the divorce.
• A pet acquired during the marriage is typically classified as marital property, subject to division by the court.
• If marital funds from a joint account were consistently used for the pet’s expenses — like veterinary bills, food, or insurance — even a pet that was originally separate property might be considered marital property by a court.

When the pet is marital property and both spouses disagree on ownership, there are key factors that can influence who will get the pet, such as who originally owned the pet before the marriage, who has been the primary caretaker, which living situation is better suited for the pet’s needs, and attachment levels of both spouses and any children to the pet.

Indiana courts have stated that “because dogs are treated as chattel or personal property in Indiana, it is the property rights of the parties, rather than their respective abilities to care for the dog or their emotional ties to it, that are determinative.” Even so, evidence of caretaking can still influence how a judge weighs the property claim.

Pro Tip: The party who contends that they are the “rightful” owner of the pet would be well-served to come prepared with proof of sole responsibility for the animal’s care, such as receipts for healthcare costs; proof of day-to-day care like food, registration, and grooming costs; and costs of acquisition such as adoption or purchase records.

A family court judge has the authority to assign the pet to one spouse as part of the property settlement, but the judge cannot create a shared custody schedule, order visitation weekends, or mandate that one spouse pay “pet support” to the other. Once the decision is made, it is final. Once the divorce decree assigns the animal to one party, that assignment is final under IC 31-15-7-9.1 and cannot be modified or revoked, except in cases where fraud is proven within 6 years.

In extreme cases where neither party can be awarded the pet, a court could order the animal to be sold and the money split between the parties. This is rare but reflects how the property framework can play out in contested situations.

Can You Get Joint Custody of a Pet in Indiana

Indiana courts will not order joint pet custody on their own. In Indiana, family courts do not apply child custody principles to animals. There are no court-ordered visitation schedules for your dog or shared parenting plans for your cat. The law treats the question as a property dispute with a single winner.

That said, you and your spouse are free to create your own arrangement. Despite the property laws in Indiana, it is possible for a divorcing couple to negotiate an arrangement for their beloved pet outside of court. For example, if both parties are willing, a joint custody arrangement could be presented as part of the marital settlement agreement. A judge would still have to sign off on it, but if it appears fair and both parties agree, they are more likely to approve such a proposal.

If divorcing parties are able to come to an agreement as to custody of their pet, or there was a prior written agreement dictating ownership of their pet, the court will often accept that agreement. This gives you meaningful control over the outcome — but only if both parties cooperate.

A private pet agreement can be as detailed as you need it to be. Consider including:

• A primary residence for the pet
• A rotating schedule for time-sharing
• How expenses will be divided, including food, grooming, veterinary care (both routine and emergency), and pet insurance
• A clause specifying how major decisions regarding the pet’s health and welfare, such as significant veterinary procedures or end-of-life care, will be made
• A method for resolving future disagreements, such as mediation, to avoid returning to court

Common Mistake: Assuming a verbal agreement about pet sharing will hold up. If the divorcing parties are unable to agree to shared custody, the court will defer to property law. In such a case, whichever spouse is awarded the pet will have sole possession and is not obligated to share possession with the other party. Always get any pet arrangement in writing and submitted to the court.

You may also find it useful to review how other states handle similar questions. For example, Ohio’s approach to dog ownership laws and Kentucky’s animal regulations reflect how neighboring states balance owner rights with animal welfare in different legal contexts.

What Happens to Pets for Unmarried Couples in Indiana

If you and your partner were never married, the situation becomes even more legally precarious. There are no comparable statutes for unmarried cohabitants in Indiana. Indiana does not recognize common law marriage, and palimony, per se, is not awarded by Indiana courts.

In Indiana, unmarried couples who live together do not have the same legal rights as married spouses. That means there are no automatic rights just because you live together, even for many years — including no right to property division. If you break up, Indiana cohabitation law does not provide a process for dividing property the way it does in a divorce. Each person keeps what’s in their own name, even if the other contributed financially.

For pets specifically, whoever can prove they purchased the animal will likely win a pet custody battle. Unlike divorce, Indiana law doesn’t provide automatic rules for dividing property when unmarried partners separate. If one partner moves out, disputes may arise. Courts look at receipts, deeds, and contracts rather than the relationship itself.

If the cohabitation ends, divorce law does not apply. Divorce law determines how property and responsibilities are to be allocated only in the termination of a marriage. Partners seeking recovery after cohabitation ends may rely on an express contract or seek equitable relief.

One option available to unmarried couples is a cohabitation agreement. Similar to prenuptial agreements for married couples, cohabitation agreements are legally binding contracts that couples can use to assign responsibilities, rights, and obligations for each person regarding shared property, finances, and expenses. These agreements can explicitly name the pet and establish who owns it, under what conditions, and how shared care might work if the relationship ends.

Some ex-couples may also create a visitation or shared pet custody plan, even without a formal court order, provided both parties agree in writing. If you’re considering how animal-related laws affect your living situation more broadly, Indiana’s rules on backyard animals and exotic pet ownership may also be worth reviewing.

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

The most effective protections are the ones you put in place before a dispute ever begins. Here are the concrete steps you can take at each stage.

Before Marriage or Cohabitation

A “pet-nup” — a prenuptial agreement or provision specifically for the pet — can be a proactive measure to determine the animal’s fate in the event of a divorce. This kind of agreement can specify who owns the pet, who bears the costs, and what happens to the animal if the relationship ends. Indiana courts generally honor these agreements when they appear fair and are properly executed.

For unmarried couples, cohabiting partners can create a legally binding cohabitation agreement. This contract can clarify ownership of assets, financial duties, and other important terms in the event of a breakup. Including specific pet ownership language in that agreement removes ambiguity entirely.

During the Relationship

The documentation you build during the relationship becomes your evidence in court. Keep the following in your own name or in jointly documented records:

• Adoption or purchase records showing who acquired the pet
• Vet records showing you made appointments and paid bills, or purchases of food, toys, and supplies for the pet
• Licensing and registration documents
• Pet insurance policies in your name
• Testimony from others about your involvement in caring for the pet or photos demonstrating your close bond with the pet

Pro Tip: If you are preparing for a divorce and are concerned about retaining possession of your pet, be prepared to show evidence of your involvement with the pet. The more documented your caretaking role, the stronger your position when the court weighs property rights.

During Divorce Proceedings

It is always in the parties’ best interest to try and resolve any issues related to the care and control of the marital pet outside of the court proceedings, either via contract or agreement. Litigation over a pet is costly, emotionally draining, and yields a binary outcome — one person wins, the other loses.

If you and your spouse cannot agree, consider mediation before turning to a judge. A mediator can help you reach a shared arrangement that a court would never order on its own. If you want to negotiate with your soon-to-be-ex about pet custody but need some outside help, consider hiring a mediator to assist you.

You should also be aware of how the broader property division process works. Indiana’s equitable distribution framework considers factors like each spouse’s economic circumstances, earning capacity, and contributions to the marital estate — all of which can indirectly influence how a judge allocates assets, including pets, in a contested case. For additional context on how Indiana animal law intersects with ownership rights, see our coverage of hunting regulations in Indiana and roadkill laws in Indiana, which reflect how the state defines legal possession of animals in different settings.

If you’re navigating a similar situation in a neighboring state, our guides on Michigan animal laws, Pennsylvania pet regulations, and Tennessee animal ownership rules may offer useful comparison points.

A Final Word on Strategy

Indiana’s legal framework may feel cold when it comes to pets, but it does leave room for compassionate outcomes — as long as both parties are willing to work toward them. The law gives you the tools to negotiate, document, and protect your bond with your animal. The key is acting before the dispute reaches a courtroom, where a judge’s only job is to divide property, not to consider what your pet needs or whom your pet loves.

Consulting with an Indiana family law attorney early in the process is one of the most important steps you can take. They can help you assess your ownership position, draft a pet agreement, and advise you on how to present your case if litigation becomes unavoidable.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified Indiana family law attorney for guidance specific to your situation.