Can a Prenup or Postnup Decide Who Gets the Dog in a Divorce?
- liz9573
- 19 hours ago
- 2 min read
For many couples, pets are more than just animals—they're family. But what happens to a beloved dog or cat during a divorce?
In Massachusetts, pet custody isn't governed by child custody laws, which leaves many pet owners vulnerable. Fortunately, prenuptial and postnuptial agreements can help clarify pet ownership and reduce emotional and legal battles down the road.
What Happens to Pets in a Massachusetts Divorce Without an Agreement?
Under Massachusetts divorce law, pets are legally considered personal property—not family members. This means that in the absence of a legal agreement, a judge will decide who gets the pet the same way they’d divide a piece of furniture or a bank account.
Factors a court may consider include:
Who originally purchased or adopted the pet
Who primarily cared for the pet
Who paid for veterinary care and other expenses
Unless you have a clear agreement in place, pet custody decisions are unpredictable and can be heart-wrenching.
Can a Prenup or Postnup Include Pet Custody Provisions?
Yes. Both prenuptial agreements (before marriage) and postnuptial agreements (after marriage) can include detailed terms about pet ownership in case of divorce or separation.
These agreements can cover:
Who keeps the pet after a breakup
Financial responsibility for veterinary care, food, and supplies
Visitation or shared custody arrangements (though enforcement is rare)
Responsibility for pet-related expenses after the relationship ends
Adding a pet clause to your prenup or postnup ensures that your wishes are clearly documented and legally recognized.
Massachusetts Case Spotlight: Lyman v. Lanser Changed Pet Custody Law
A groundbreaking Massachusetts case, Lyman v. Lanser, brought national attention to the issue of pet custody.
Represented by Boston Dog Lawyers, Brett Lyman became the first person in the state to win a shared custody arrangement for a dog—his Pomeranian, Teddy Bear—after a breakup.
While the court reaffirmed that pets are still considered property, the ruling acknowledged the emotional significance of companion animals and opened the door for creative legal arguments in future cases.
Why Boston Dog Lawyers Leads in Pet Custody Cases
At Boston Dog Lawyers, we’ve represented thousands of pet owners and handled numerous pet custody cases across Massachusetts.
We know that pets are more than property—they are cherished companions. Whether you're drafting a prenup or postnup, facing a custody battle, or navigating the legal aftermath of a breakup, our team is here to protect your bond with your pet.
We advocate for pet ownership rights with compassion, legal expertise and a deep understanding of how much your pet means to you.
Ready to Protect Your Pet? Let’s Talk.
Thinking about including your pet in a prenup or postnup?
Already facing a divorce and worried about losing your dog, cat, or other companion animal?
Contact Boston Dog Lawyers today. We’ll help you take proactive legal steps to secure your pet’s future—because pets aren’t property, they’re family.
