Who Keeps the Dog in a Virginia Divorce?

 Posted on September 25, 2026 in Property Division

When it comes to division of assets in a divorce, the family home may be the most frequently contested asset. But many people might be surprised to learn just how often family pets also become a source of conflict.

Virginia divorce law does not treat pets the same way it treats children. Who they end up with depends largely on when and how the pet was acquired. There may also be options for joint ownership if the couple can reach their own agreement about how ownership will be handled going forward.

If you're going through a divorce in 2026 and worried about your dog or other pet, a Prince William County, VA divorce lawyer can explain how property division will likely be addressed in your divorce.

Are Dogs Considered Property in a Virginia Divorce?

Under Virginia law, dogs are considered personal property rather than family members with their own legal status. Many couples hope for some kind of joint custody arrangement for pets in their divorce decree, but this kind of arrangement isn't the default. 

Under Virginia Code Section 20-107.3, courts use equitable distribution rules to divide marital property between spouses. Equitable distribution means that the division must be fair, but it does not always have to be equal. A judge generally can't order joint custody or a visitation schedule for a dog the way they might for children. Instead, the pet is usually assigned to one spouse.

Is Your Dog Separate or Marital Property in Virginia?

If a dog is the separate property of one spouse, that spouse will usually keep ownership of it. Whether a pet is personal or marital property depends on when and how the pet was acquired. Property (and pets) owned before the marriage is usually separate property (Virginia Code Section 20-107.3(A)(1)). A pet received by one spouse as an inheritance or as a gift from someone other than the other spouse is also usually separate property.

A pet adopted or purchased during the marriage is typically marital property. This is true even if only one spouse's name is on the adoption paperwork. Marital property is subject to division. If spouses can't agree on who keeps the pet, the court must make the decision.

What Factors Do Virginia Courts Consider When Deciding Who Gets a Dog?

Virginia does not have a special legal test for deciding which spouse should keep a pet. Instead, courts apply the same property division rules used for other marital assets. A judge can consider when and how the pet was acquired. The judge can also consider each spouse’s role in acquiring and caring for the pet.

Records can help show whether a pet is separate or marital property and who has been responsible for its care. Useful evidence can include adoption papers, purchase records, veterinary bills, registration documents, and receipts for the pet’s expenses.

Can You and Your Spouse Agree on Who Keeps the Dog in a Virginia Divorce?

Spouses are welcome to come up with their own agreement about pet ownership post-divorce. The court will typically not order official shared custody or a visitation schedule for a pet, but spouses can work out an arrangement themselves if they choose. This can matter a lot if they both feel strongly about staying involved in the pet's life.

Call a Fairfax, VA Property Division Lawyer Today

Attachment to a pet that you've loved and cared for can run incredibly deep, and disagreements about a beloved pet can become one of the most emotional parts of a divorce. If you're concerned that your spouse will contest ownership of your pet in your divorce decree, our Prince William County, VA divorce attorney can help you build a compelling case to present to the judge.

Nicole M. Burns, Attorney at Law brings more than 15 years of family law experience to every case. Every matter is personally handled by Attorney Nicole M. Burns from start to finish. Call our firm today at 703-373-4761 to discuss your situation.