Pet Custody in Alaska: Who Gets the Pet in a Divorce?

When a couple separates or divorces, one of the most emotionally charged issues can be deciding who gets to keep the family pet. For many, pets are more than property—they’re beloved members of the family. Fortunately, Alaska was the first state in the U.S. to formally recognize this emotional bond in its laws. In this article, we’ll break down pet custody laws in Alaska, how courts determine ownership, and what you can do to protect your rights.

Alaska is a Pioneer in Pet Custody Law

Alaska is unique when it comes to pet custody in divorce cases. In 2017, it became the first state to require courts to consider the well-being of the animal—similar to how child custody is handled—rather than treating pets as mere property.

Under AS 25.24.160(a)(5), the court may award possession of the pet based on what is best for the animal’s welfare, including who has cared for the pet and who can continue to provide the best home.

Keyword Highlight: Who gets the pet in a divorce Alaska?

Answer: The Alaska courts will consider the pet’s welfare and the relationship each party has with the animal—not just who bought it.

What the Courts Consider in Alaska Pet Custody Cases

Unlike many states that view pets as property to be divided, Alaska courts look at multiple factors to determine pet custody, including:

• Who primarily cared for the pet (feeding, walking, grooming, vet visits)
• Who has a stronger emotional bond with the pet
• Which party can provide a better living environment
• Whether the pet was owned before the relationship began
• Evidence of abuse or neglect by either party

These factors help ensure that the court’s decision is in the pet’s best interest, not just who “owns” the animal on paper.

Joint Custody or Visitation: Is That an Option?

While Alaska law does not mandate joint custody or visitation schedules for pets, courts can take creative approaches. If both parties are deeply attached and willing to cooperate, judges may encourage a shared arrangement.

However, courts tend to prefer awarding full custody to one party to avoid future conflict, especially if the separation is acrimonious.

Tip: If possible, ask your lawyer to work out a written agreement with your ex-partner outlining pet custody, visitation, and financial responsibilities (like vet bills and food).

What About Pets in Non-Marital Breakups?

Pet custody disputes aren’t limited to divorcing couples. Unmarried couples, roommates, or even family members can end up in court over pet ownership. In these cases, ownership documents, vet records, and receipts can become crucial evidence. Ask your lawyer for advice! 

Even if you’re not married, Alaska small claims court or mediation may be appropriate avenues for resolving pet disputes.

How to Protect Your Pet in Advance

To avoid future heartache and costly legal disputes, it may be helpful to consider taking these steps:

• Keep records proving you are the primary caregiver (vet bills, microchip registration, adoption papers)
• Include pet provisions in prenuptial or cohabitation agreements
• Create a pet custody agreement if you’re in a long-term relationship but not married
• Register the pet in your name and maintain consistent care

Do You Need a Lawyer for a Pet Custody Case in Alaska?

If you and your ex can’t agree on who gets the pet, a family law attorney experienced in Alaska pet custody disputes can help. A skilled attorney will help present evidence to support your role as the best guardian for your pet.

You may also want to consult a mediation service if you’re hoping to reach a collaborative resolution.

Final Thoughts

Alaska’s progressive approach to pet custody recognizes what pet owners have always known: animals are family. If you’re facing a divorce or separation, don’t leave your pet’s future to chance. Understanding your rights and preparing in advance can make all the difference when emotions and legal battles collide.

Need Help with a Pet Custody Dispute in Alaska?

If you’re navigating a divorce or pet ownership conflict, consult a family law attorney near you who understands Alaska’s pet custody laws. Your furry friend deserves the best possible outcome—and so do you.