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Several U.S. states have begun changing how courts handle pet custody during divorce cases, reflecting a broader shift in how animals are viewed in society.

Traditionally, pets have been treated as property under the law, meaning judges would assign ownership much like dividing assets. However, newer laws in states such as California, Illinois, and Alaska allow courts to consider the wellbeing of the animal when determining custody.

For example, California law (Assembly Bill 2274) permits judges to assign sole or joint ownership of a pet based on what arrangement best supports the animal’s care. Similarly, Alaska became the first U.S. state in 2017 to require courts to consider an animal’s wellbeing in divorce proceedings.

These legal changes reflect growing recognition that pets are not just possessions, but companions with emotional and welfare needs.

While laws vary by state, the trend suggests a gradual move toward treating pets more like family members in legal decisions.