Pets and Divorce

Dividing up pets can be an emotional part of a divorce.  Utah does not have any specific laws on this issue, but there are some guiding principles. 

  • Courts do not look at pets as children.  Most courts have made it very clear that unless there is abuse they are not going to determine possession by the best interest of the pet.

  • Courts have held that a pet can be considered a special piece of property – comparable to an heirloom  – and therefore specific performance is allowed.  This means courts can order possession of a pet to one party.  Courts are not limited to awarding the monetary value of the pet.  Often courts will require the party who was awarded possession of the pet to compensate the other party for the monetary value of the pet. 

  • Courts usually award possession to the party who takes care of the pet.  A good way to prove who takes care of the dog is to make a video of a day in the life of the dog – showing who feeds, walks, cleans up after, etc., the dog.