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Why Pet Prenups Are on the Rise

How new state laws are reshaping pet ownership agreements.

Issue #252

October 8, 2025

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Quick Hits:

Pennsylvania's legislature is on the verge of redefining how divorce courts treat family pets.

In late September 2025, the state House overwhelmingly passed HB 97, a bill that recognizes companion animals as "living beings that are generally regarded as cherished family members," not mere property.

The bill creates a special category of personal property for pets and would require judges to factor in an animal's welfare when deciding which spouse gets custody.

Now headed to the Senate, HB 97 encapsulates a broader U.S. trend.

More states are instructing courts to apply a "best-interest of the pet" standard in divorces.

This targeted shift has knock-on effects for pet-industry operators, from contracts and liability to customer experience, branding, and new service niches.

As of October 2025, businesses should start considering a plan for a welfare-aware reality in which pets' interests carry legal weight.

What's Actually Changing

Traditionally, pets in divorce have been treated like any other marital asset, allocated as property based on who bought the dog or who's the registered owner.

The new wave of laws carves out an exception.

Courts must consider the animal's well-being or "best interest" in deciding possession, much as they might for a child's custody arrangement.

This doesn't mean pets are suddenly legal persons or children. Outside of divorce proceedings, they're still property in the eyes of the law.

But within this context, judges get explicit guidance to treat pets differently from a couch or a bank account. In some cases, statutes even allow outcomes like joint possession and visitation schedules.

Several U.S. jurisdictions now have such laws on the books.

  • Alaska led the way in 2017, empowering courts to consider a pet's well-being and to award joint ownership in a divorce.

  • Illinois followed in 2018, requiring judges to "take into consideration the well-being" of a marital pet.

  • California opted for a slightly softer approach in 2019, allowing courts to assign sole or joint ownership of a pet "taking into consideration the care of the pet".

  • New York's 2021 law says courts "shall consider the best interest" of a companion animal in divorce.

  • Maine went further to enumerate welfare factors like daily needs, attachment, and ability to care.

  • Rhode Island, effective 2024, requires judges to consider the pet's best interest with a detailed list of criteria and explicitly empowers joint custody arrangements.

  • Delaware & D.C. have similar statutes to Rhode Island on the books.

The count is no longer "just a few isolated states." As of late 2025, about 9 states and D.C. have pet custody statutes, up from essentially zero a decade ago.

More states are considering similar moves. This is a budding legislative trend, and pet industry operators should take note.

Pennsylvania's Live Signal

Pennsylvania's HB 97 exemplifies this evolution in real time.

The bill's language pointedly declares that companion animals occupy a "special category of personal property" in divorce contexts, distinct from inanimate objects. It asserts that pets are beloved family members offering companionship and security.

Practically, HB 97 would direct judges to weigh a list of welfare factors when deciding a pet's fate.

Those factors include whether the animal was acquired pre or post-marriage, each party's participation in feeding and veterinary care, who has greater financial ability to support the pet, and even compliance with licensing regulation.

The bill also presumes that service animals stay with the dependent party.

Notably, HB 97 would allow divorcing couples to enter an enforceable agreement about pet custody outside of court, effectively validating "pet-nuptial" arrangements.

As of this writing, the House has passed HB 97 (121–82) and sent it to the senate.

Representative Anita Kulik, the bill's sponsor and a former family attorney, emphasizes that the goal is to reduce acrimony by treating a "beloved pet" less like a bargaining chip.

The legal system is carving out space to consider pets' interests, and that outlook will likely seep into consumer expectations and adjacent legal arenas.

Why Pet Businesses Should Care

For pet founders, operators, and investors, these legal shifts aren't just trivia for lawyers. They portend tangible impacts on risk management, customer relations, and growth strategy.

Liability and Claims Exposure

If courts are directed to value a pet's welfare in one context, it could embolden litigants to push the envelope in others.

We might soon see plaintiffs arguing for higher damages when a pet is injured or killed due to a product defect or service lapse. Historically, most courts have limited recovery to a pet's market value or vet bills, not emotional distress or loss of companionship.

But that could erode gradually.

In June 2025, a New York City judge ruled that a pet could be considered "family" for purposes of an emotional distress claim, after a case involving a dog that was struck and killed by a car while on a walk.

Trevor DeBlase and his dog Duke that was fatally struck by a car in NYC | Image credit: Instagram/@dapuppy.duke

This is hinting at a future where the law grudgingly acknowledges a pet owner's anguish.

Pet product companies and service providers should watch for any precedent that expands legal liability beyond pets as property.

Insurers are watching too.

It's plausible that insurers will adjust policy language and premiums if they anticipate courts allowing pain-and-suffering damages for pets.

Don't be surprised if underwriters start adding explicit exclusions or sublimits for animal emotional damages in general liability policies. The bottom line is to treat pets as high-value clients in your risk calculus.

If your product or service harms someone's pet, expect an owner who now has legal backing to make a claim that goes beyond a broken harness.

Contracts and Customer Experience

Pet businesses may soon have to revisit their contracts, waivers, and customer policies through this new lens.

Boarding, daycare, grooming, and training agreements may need clauses anticipating disputes between co-owners. For example, if a couple splits up while their dog is in your daycare, who is authorized to pick up the pet?

It's wise to designate a primary "pet parent" on file or establish a process to resolve ownership claims to avoid being caught in the middle.

If you operate in states with pet-custody laws, consider explicit language about following any court orders or agreements between divorcing clients.

Emergency care authorizations should be crystal clear. If a pet needs urgent vet attention while in your care, having both spouses pre-authorize treatment and payment responsibility can prevent legal headaches.

On the product side, audit your warranty and return language for any phrasing that might come off as devaluing the pet.

Many brands already use "pet parent" instead of "owner." That's generally safe and savvy as long as you don't inadvertently promise legal rights or remedies you can't deliver.

The key is to meet customers' emotional investment with contracts and policies that respect the pet's well-being. This not only mitigates conflict, it builds loyalty.

Marketing and Language

As the law validates describing pets as family, companies can more confidently use family-centric messaging, with a caveat. It's now legally and culturally correct to talk about pets as family members.

Indeed, some statutes explicitly use that language.

Embrace that in your branding because it resonates with modern pet owners who are already in the "pet parent" mindset.

The motto is to speak to the love and care, then deliver on it operationally. This trend, done authentically, can deepen customer trust. But any gap between tagline and service will be noticed.

In the "best-interest" era, customer experience must live up to the warm-and-fuzzy marketing.

New Services and Opportunities

A practical implication of more shared pet custody is the need for better pet identification and record-sharing.

Pet services and retail platforms can facilitate this. Ensure your systems can handle multiple contacts for one pet's account, with two "pet parents" having equal info access.

There's a growing opportunity for apps that help co-parenting of pets, much like co-parenting apps for human kids. Schedulers that sync two owners' calendars for vet visits, automated reminders to exchange the pet's food or medication when handing off custody, even expense-sharing trackers for pet bills could see greater uptake.

The amount of content on TikTok covering the complexities of dog ownership in divorce is mind boggling to say the least. Countless stories about fights over who gets the dog, the journey of sharing custody, the endless heartbreak of leaving them behind, etc.

Just search “dog divorce” on there and you’ll be flooded with content like this 👇️ 

@bryntaponn

She is the best thing, that’s ever been mine 🥺 #CapCut #minetaylorsversion #divorce #divorcedogparents #healingjourney #fyp #startingover

For brick-and-mortar providers, something as simple as a note in the CRM can go a long way in showing you accommodate the pet's routine and stability.

Seamless info-sharing about the pet's health and needs will become part of premium pet customer service.

Whenever laws change social arrangements, new services pop up to fill gaps.

We anticipate a rise in "pet co-parenting" services. Think mediation firms specializing in pet custody agreements as a pre-divorce service.

DTC could jump in too.

Imagine subscription boxes for split households, where two boxes of toys and treats are delivered to two addresses on a coordinated schedule so the pet has consistent supplies in both homes.

Pet travel services might market packages to help hand off a pet at a halfway point between two cities or the same city if you just don’t want to face one another.

Forward-thinking companies will pilot these offerings as differentiators. Such services signal to customers that you understand pets are family and you're here to support them, no matter the family structure.

Insurance Innovation

The reframing of pets as family opens the door for insurance innovation.

Pet health insurers might introduce riders or add-on services to address divorce scenarios.

Coverage for behavioral therapy if a pet exhibits anxiety during a family split, or even coverage that helps pay for mediation between pet parents, could emerge (this feels absolutely bonkers to write 😅).

On the liability side, businesses that cater to pets may seek endorsements that clarify coverage when there are multiple claimants. Imagine a dog walker who is sued by both ex-spouses after an incident.

Will the insurer cover two separate emotional distress claims?

These are the kinds of edge cases policy writers may have to start pondering.

Forward-looking insurers might also market "co-parenting insurance" for pets, bundling pet medical with third-party liability and even legal fee coverage for custody disputes.

While such products are nascent, the first movers will likely emerge in states where these laws signal the greatest need.

Risks and Compliance Challenges

The rise of pet "best-interest" laws brings potential compliance headaches that pet businesses should proactively address.

Patchwork Compliance

With laws varying by state, multi-state pet companies face a patchwork of rules. Your staff in Illinois or California might need training on handling pet custody orders or disputes, whereas in Texas it's status quo. This can complicate standard operating procedures.

Legal teams should develop a clauses library for contracts and a decision tree for operations across different jurisdictions.

A nationwide pet transport service might include a special contract addendum for customers in New York or Rhode Island acknowledging any court orders about the pet. Failing to accommodate a state's requirements could mean legal trouble or PR fallout. The burden is on operators to stay current because these laws are evolving yearly.

Cost Pressures

Enhanced legal status for pets could raise costs for pet businesses in subtle ways.

If liability risks increase, insurance premiums will likely follow, and those costs may need to be passed on to consumers or absorbed in margins.

Compliance with new laws isn't free either. Pet retailers might face more customer service load as people contest returns or demand remedies citing their pet's well-being.

While none of these on their own is bank-breaking, together they could nudge up the cost of doing business. Smart operators will budget for incremental insurance, legal, and training expenses as part of being an industry leader in a pet-centric world.

Opportunities to Stand Out

It's not all risk. The shifting legal landscape also creates new opportunities for innovation and differentiation.

Pet-Law Adjacent Services

As pet custody issues become mainstream, pet owners and divorce lawyers will seek tools and services to navigate them.

Pet industry entrepreneurs can collaborate with legal professionals to offer "pet custody kits" or mediation services.

A startup might provide an online template and filing service for couples to draft a pet custody agreement.

Some family law practitioners are even branding themselves as "pet custody mediators."

A premium pet insurance or pet wellness membership could include a legal consultation for pet custody or discounts on mediation if the subscriber ever needs it.

Consider bundling resources like "How to make a pet prenup" guides as content marketing.

You'll catch the eyes of pet owners who are planners. In fact, 24% of U.S. couples already have a pet-nup in place.

Helping pet parents prepare for the "what if" scenario builds trust and could earn long-term loyalty.

What to Watch Next

The landscape is dynamic.

Pet businesses should keep an eye on several developing threads.

Watch whether Pennsylvania's HB 97 sails through or gets amended. This will set the tone for similar bills in mid-Atlantic states.

Monitor case law on pet damages beyond custody to see if courts start entertaining emotional-distress or "loss of companionship" damages for pets.

A few pioneering cases (like the one in NYC) could crack the door open, hugely affecting liability exposure.

Keep tabs on insurer responses.

If major pet insurers or liability carriers introduce endorsements addressing animal welfare standards or pet custody scenarios, it signals they're pricing in this trend.

Look out for states like New Jersey or Connecticut discussing pet custody bills. Early signals from legislative sessions can help businesses anticipate the next hot markets for "pet-first" services.

Order in the Court

The shift from treating pets as chattel to recognizing them as companions with interests is incremental and targeted.

We're not giving dogs the right to sue or cats the right to an attorney. But in the microcosm of divorce law, society is formally acknowledging what pet owners have felt all along.

Our pets are family.

For the pet industry, this is far from a legal technicality. It's a barometer of customer mindset and a preview of future norms.

Operators who align with this welfare-aware reality will reduce friction and earn trust.

That could mean updating a contract, tweaking a marketing message, training staff on new protocols, or dreaming up a service that didn't exist before.

These adjustments, large and small, signal to your clients that you "get it" (and to some it will signal eye rolls).

In an industry built on the love of animals, that understanding is the currency of loyalty. As "best interest of the pet" laws multiply, smart pet businesses will treat it not as a compliance burden but as a cue to level up their care and offerings.

The humanization of pets, emotionally and now legally, is a long-term wave.

Riding that wave thoughtfully will position your brand at the forefront of an evolving market where pet parents feel genuinely seen, respected, and served.

Search interest in dog divorce is small but climbing: ~10K searches last month, up ~29% YoY.

The five-year line shows a steady grind upward with spiky surges in 2025 and a recent pullback - classic event/viral-driven demand on top of a real, rising baseline.

Translation: more pet owners are actively looking for what happens to the dog when couples split.

The term itself is shorthand for pet custody, queries behind it are usually “who gets the dog,” “pet custody laws,” “co-parenting a dog,” “pet prenup,” “dog custody agreement,” and “dog divorce anxiety.”

Lots of opportunity to build educational content for both SEO purposes and social that address concerns, legalities (by state), checklists, and more.

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