Meet Mike and Jenna. Married for eight years. Three years into their marriage they adopted Lola—a playful Labrador. Mike was the one who first bonded with Lola during weekend hikes, while Jenna handled daily care: morning jogs, vet visits, and bedtime cuddles. As their marriage unraveled, so did decisions about Lola—who got her? In one of the last heated exchanges before finalizing the divorce, both tearfully asked, “Can’t we just both keep her?”
In Tennessee, that question does not have an easy legal answer. Courts view pets as personal property, not children, but that does not mean pet custody is always simple or fair.
In Tennessee divorce cases, dogs, cats, and other pets fall under marital property if they were acquired during the marriage. That means they are subject to equitable distribution, not custody like children.
Although Tennessee courts will not impose joint ownership or visitation by default, you and your spouse can negotiate a written pet custody agreement. This agreement can cover who keeps the pet most of the time, visiting schedules, and responsibility for food, vet care, and licensing.
If there is no agreement, courts may weigh:
Legislation is evolving. In early 2023, the Tennessee legislature considered HB0467/SB0568, which would have allowed courts to award joint custody based on a pet’s well-being, but the bill did not pass.
Do not expect automatic joint custody—pets are property under the law.
Fight for shared care by agreement.
Show your care and commitment—if the court must decide, evidence of who truly cares for the pet matters.
Lola’s story mirrors that of many Tennessee couples navigating divorce. While courts may treat pets like other assets, the real love and care you have invested can—and should—be recognized in how custody and responsibility are divided.
At Ponce Law, we help families create pet custody agreements as thoughtful and enforceable as any parenting plan—for both you and your four-legged companion.
Reach out for guidance that protects your bond—and your pet’s well-being.
Call Ponce Law at 615-244-4321. Free consultations available.
