Fighting for Cats and Dogs: Evaluating Both Ohio and Kentucky Law Supporting “Pet-Nups”

Fighting for Cats and Dogs: Evaluating Both Ohio and Kentucky Law Supporting “Pet-Nups”

Picture this scenario: you’ve just ended a relationship with the person you thought was going to be “The One,” you’re sitting on the couch that you got from your mom watching a TV that came from their parents, eating a tub of ice cream that you bought with your own hard-earned money. In this simple scenario, it is pretty cut and dry who keeps what when an unmarried couple splits up, but what happens when you add a pet into the mix? Under both Ohio and Kentucky law, things can get hairier, or more accurately, furrier.

No one wants to give up their favorite furry friend, especially during a breakup, but what options do you have? As much as owners may love and spoil them, pets are treated by both states as personal property. Personal property includes all tangible things subject to ownership that aren’t real estate. Yes, that includes your dog, cat, rabbit, or parakeet. In the eyes of the law, they are viewed no differently than the couch or television. There is no statutory concept of sole or joint “custody” of a pet according to either Ohio or Kentucky statutes.

This raises the question: should you plan ahead when purchasing a pet with a significant other to whom you are not married? Increasingly, the answer is yes—through a “Pet-Nup.”

A Pet-Nup is essentially a pre-nuptial-style agreement for pet ownership, and it can be especially valuable for unmarried couples. A Pet-Nup is a written contract outlining rights and responsibilities related to the pet during the relationship and in the event it ends. It can designate a primary owner, outline expense-sharing, and specify who keeps the pet if the relationship dissolves. Because courts treat pets as property, a well-drafted Pet-Nup provides clarity that judges can enforce rather than leaving the decision up to chance.

A well-drafted Pet-Nup is enforceable as a contract between the parties who enter into it—namely, the pet’s owners. The agreement should clearly allocate ownership of the animal in the event of the couple’s separation. Alternatively, if the parties agree to joint ownership, the Pet-Nup should expressly state that the parties are co-owners of the animal. The agreement may also include provisions addressing how veterinary expenses will be shared, establishing a time-sharing or visitation schedule, and outlining the consequences if either party fails to comply with the contract’s terms.

What if the couple is married? Pets in Ohio and Kentucky divorces.

If the couple ultimately marries and later divorces, the analysis shifts slightly but the legal classification does not. In both Ohio and Kentucky, pets remain marital or non-marital property, not children. Courts do not evaluate the “best interests” of the pet. Instead, the court determines whether the pet is:

• Separate property (owned by one spouse prior to marriage or acquired by gift or inheritance); or
• Marital property (acquired during the marriage using marital funds).

If the pet is marital property, the court will assign it to one spouse just like any other asset. Judges may consider factors such as who primarily cared for the pet, who paid for veterinary expenses, or who has the more suitable living arrangement—but only as a way of determining equitable distribution, not as a form of custody analysis. There is no legally recognized visitation schedule or shared-custody arrangement unless the parties privately agree to one.

This makes planning in advance even more important. A Pet-Nup signed before marriage—or incorporated into a broader prenuptial agreement—can dictate who keeps the pet and how related costs are handled, sparing both spouses from a painful dispute later.

While no one adopts a pet expecting conflict, a Pet-Nup allows couples to enjoy their shared companion with peace of mind, knowing their furry friend’s future won’t be left to a property determination at the worst possible time. If you have questions about how you can protect your furry friend in the event of a breakup or divorce, reach out to Jonathan Thiel at jdthiel@strausstroy.com.