Quick Summary of Pets in Divorce/Custody Issues Tabby McLain (2009) When a married couple divorces, the question of who gets to keep the pets often arises. Whereas the laws are designed to protect the best interests of human children in divorce (allowing for shared custody , visitation, and alimony), the laws for pets are intended to benefit the owner instead. Under the law, pets are considered to be personal property, capable of human ownership and control. Courts working under that law only strictly have authority to award a pet to one owner or the other. To grant shared custody or visitation of the couple’s pets would be exactly the same, in the eyes of the law, as having them trade their television back and forth from one week to the next. Normally, before a court decides who gets what property in a divorce, it must first consider whether its jurisdiction is a community property (split 50/50) or an equitable distribution (split