For many Indiana families, pets are cherished companions who feel like members of the household. When a marriage ends, one of the hardest questions spouses face is who keeps the dog, cat, or other animal. Although the emotional bond is undeniable, Indiana law does not treat pets the same way many families do. At Mattox & Wilson, we help clients understand how Indiana courts view pets and how to protect their relationship with animals they love.

Below, we answer the most common questions we hear from divorcing spouses who want clarity, stability, and a plan for their pets. If you have concerns about protecting your pet during a divorce, we invite you to call our office at 812-944-8005 to schedule a consultation with an experienced divorce lawyer.

How Does Indiana Law Classify Pets in a Divorce?

In Indiana, pets are legally classified as personal property. This means the court does not apply a custody analysis or consider the pet’s emotional needs the way it would for children. Instead, judges look at ownership, documentation, and the pet’s financial value, similar to how they would evaluate a vehicle or piece of household property.

We recognize that this legal framework does not reflect the deep bond many families share with their pets. However, understanding how Indiana law approaches animals allows us to frame the strongest possible argument about ownership, care, and responsibility so the relationship with a pet is protected throughout the divorce process.

If Pets Are Considered Property, How Does a Judge Decide Who Gets the Pet?

Judges look at many factors when deciding who keeps the pet. Some of the most common considerations include:

  • Who owned the pet before the marriage
  • Who paid for the pet
  • Whose name is listed on adoption or purchase documents
  • Who provides daily care such as feeding, grooming, walking, and vet appointments
  • Who covers veterinary expenses
  • Which spouse has a work schedule that allows appropriate care
  • Whether the pet was a gift to one spouse
  • Whether one spouse is relocating or unable to keep pets at a new residence

Although pets are legally property, judges are still human. Many judges try to consider the practical needs of the pet and which home offers the most stability.

Can Indiana Courts Order Shared Pet Custody or Visitation?

Courts in Indiana do not have to divide time with pets, and they cannot be required to create a custody schedule in the way they do for children. However, judges may approve a schedule if both spouses agree to it.

We help clients negotiate agreements such as:

  • Alternating weeks
  • Weekends with one spouse
  • Holiday or special occasion time
  • A visitation arrangement for the spouse who is not the primary caretaker

Since Indiana courts cannot enforce ongoing pet visitation unless it is part of a settlement agreement, it is important to word these provisions carefully if both spouses want continued involvement.

What If Both Spouses Paid for the Pet?

If both spouses contributed to the purchase or adoption, the pet is considered part of the marital estate unless there is clear evidence of sole ownership.

When this happens, we help clients gather proof such as:

  • Veterinary records listing the primary owner
  • Microchip registration
  • Pet insurance documentation
  • Boarding or grooming receipts
  • Testimony showing who has been the primary caregiver

This evidence helps the court determine which spouse has a stronger ownership claim.

What If the Pet Was Purchased Before the Marriage?

Indiana follows a one-pot system, which means nearly all property owned by either spouse, whether acquired before or during the marriage, is included in the marital estate. A pet purchased before the marriage is still placed into this single pool of assets for the court to divide.

That does not mean the court will ignore the pet’s history. Judges often consider who brought the pet into the relationship, who has provided primary care, and how the animal has been treated within the marriage. These details help determine which spouse should receive the pet as part of the overall property division.

We help clients gather the information needed to show the pet’s true day-to-day connection and ensure the court sees the full picture.

What If One Spouse Cannot Take the Pet After the Divorce?

Sometimes the decision to keep a beloved pet is influenced by practical issues:

  • One spouse moves to an apartment that does not allow pets
  • A work schedule prevents proper care
  • A spouse relocates out of state
  • Allergies, medical limitations, or safety concerns affect living arrangements

If one spouse cannot realistically keep the pet, we work toward solutions that preserve the pet’s wellbeing and respect both spouses’ emotional connections.

What Happens When the Pet Was a Gift?

If the pet was a gift from one spouse to the other, the spouse who received the gift usually keeps the pet. The court looks at intent, meaning we often review:

  • Birthday or holiday records
  • Cards or messages
  • Testimony about the circumstances of the gift

Gift status often provides a strong claim to ownership.

Can the Value of the Pet Affect Property Division?

In most cases, pets have little monetary value unless they are:

  • Show animals
  • Breeding animals
  • Highly trained service or working animals
  • Animals with significant market value

If the pet has financial worth, it becomes part of the overall property division. Even then, judges prioritize placing the animal with one spouse and offseting value elsewhere, rather than physically dividing the pet’s value between spouses.

What If Domestic Violence Involves Harm or Threats to Pets?

Indiana courts take threats or harm to pets seriously. If a spouse uses the pet to intimidate, control, or harm the other spouse, this can be addressed through:

  • Protective orders
  • Exclusive possession of the pet
  • Emergency custody during divorce proceedings

In some cases, threats against a pet can influence temporary orders or create grounds for emergency intervention.

Should We Create a Pet Agreement in Our Divorce?

Yes. Even though Indiana does not treat pets like children, a detailed agreement can prevent future disputes. We regularly include terms such as:

  • Who has full ownership after the divorce
  • Who pays veterinary bills
  • How transportation and drop offs occur if there is visitation
  • What happens if one spouse becomes unable to care for the pet
  • Which spouse makes medical decisions
  • Whether decisions require consultation between both parties

These agreements reduce conflict and protect the animal’s wellbeing.

Can Mediation Help Us Resolve Pet Issues?

Yes. Mediation is often the most practical and cost-effective way to resolve disagreements about pets during a divorce. Because Indiana courts classify pets as property, judges are limited in what they can do. Mediation gives spouses the freedom to address the emotional realities of pet ownership, something the courtroom is not designed to handle.

Mediation benefits families in several important ways:

  • It allows spouses to discuss the emotional bond each person has with the pet
  • It creates space for creative solutions that a judge cannot order
  • It enables spouses to craft future arrangements, such as visitation or shared care, that courts typically will not impose
  • It reduces conflict and avoids the risk of a judge making an all-or-nothing decision that neither spouse finds fair
  • It saves significant time and legal fees compared to litigating pet issues in court

At Mattox & Wilson, mediation is a core part of how we help families solve problems with less stress and expense. We work with clients to identify what matters most, whether that is maintaining stability for the pet, preserving a meaningful relationship for both spouses, or dividing responsibilities in a way that minimizes disruption.

We guide clients through the mediation process with a focus on clarity, respect, and practical solutions. Our goal is to help you reach a pet-friendly resolution that protects the animal’s wellbeing while reducing the financial and emotional strain of litigation.

Protecting Pets and Peace of Mind During Divorce

Pets bring companionship, comfort, and unconditional love. When a divorce disrupts the family structure, it is natural to want reassurance that your pet will remain safe and cared for. Indiana law may classify pets as property, but at Mattox & Wilson, we treat these cases with the sensitivity they deserve.

If you are facing a divorce and want to understand your rights regarding your pets, we are here to help you navigate every step. Our dedicated and tenacious divorce lawyers will listen, guide you, and help you pursue a fair and practical plan that supports your relationship with your animal.

Contact Mattox & Wilson at 812-944-8005 to schedule a consultation. We are here to help your family find a path forward with clarity and compassion.

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