Pets, Prenups, and Postnups: How to Protect Your Furry Family Member
For many couples, pets are more than animals; they are family. But very few people think about what happens to their dog, cat, or other beloved companion if the relationship ends. In California, prenuptial and postnuptial agreements are often drafted to protect not only property and finances but also the pets couples love like their own children.
With pet ownership on the rise and California courts placing greater emphasis on the well-being of pets during separation, including a pet provision in your prenuptial or postnuptial agreement is becoming increasingly common. It is also one of the simplest ways to avoid conflict and make sure your furry family member is cared for the way you intend.
California allows courts to assign sole or joint ownership of a pet based on the pet’s well-being. Pets are not treated like ordinary household items. Judges may consider who feeds the pet, who pays for veterinary care, who spends more time with the animal, and which home promotes stability and routine.
Although this is a positive step forward, relying on a judge to decide where your pet should live can create uncertainty. A prenup or postnup allows you to make these decisions privately and thoughtfully, rather than leaving them in the hands of the court.
Why Include Pets in a Prenuptial or Postnuptial Agreement?
Couples choose to address pets in their agreements for many reasons.
Including pet language helps prevent conflict if the relationship ends. Pet disputes can quickly become emotional and expensive. Setting expectations in writing avoids disagreements before they arise.
It also allows you to define who legally owns the pet. If one partner already owned the pet prior to the marriage, the agreement can confirm that it will remain that person’s separate property. If the couple adopts a pet during the marriage, a postnup can define whether the pet is jointly owned or whether one partner will be the primary caretaker.
Pet provisions can also outline each partner’s responsibilities during the marriage. This may include daily care, training, veterinary decisions, and financial responsibilities. Even happily married couples appreciate this clarity.
Finally, a prenup or postnup can establish what happens after separation. Instead of litigating the issue, couples can decide who keeps the pet, whether there will be shared possession, how expenses will be handled, and who makes ongoing care decisions.
Common Pet Terms Included in Prenups and Postnups
Below are examples of common terms couples incorporate when addressing pets in their agreements:
Ownership of existing pets
Pets acquired during the marriage
Decision-making authority
Responsibility for pet-related expenses
Care and possession after separation
Right of first refusal
Rehoming or end-of-life decisions
Will Pet Provisions Hold Up in Court?
Yes, well-drafted pet provisions are generally enforceable in California. Courts respect these agreements when both parties had independent counsel, signed voluntarily, received full disclosures, and agreed to clear, fair, and specific terms. DIY clauses, on the other hand, often create ambiguity that courts struggle to enforce.
A Real Example: The “Mascot Dog” Clause
Some couples also include language for pets that play a special role, such as a therapy animal, a security dog, or even a business mascot. For instance, some households have a dog who appears in marketing content or represents the family business. A prenup or postnup can clarify ownership, business-related rights, and who pays for associated expenses. Pet provisions are fully customizable to a couple’s unique circumstances.
Should You Add Pet Provisions to Your Prenup or Postnup?
If you love your pet and want peace of mind, addressing the topic in your agreement is worthwhile. Whether you already have a pet or plan to adopt one in the future, discussing expectations early prevents conflict later and ensures your furry family member remains protected.
If you want to include a pet clause in your prenup or postnup, or if you want to learn more about how these agreements work, contact our office for free consultation.
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