Pets in divorce

One of the most common questions we get asked is: what will the Court do with my pet? For many of us, our pets are like our children. Ethan and I are no different - the pair of us have four dogs between us. Unfortunately, the Court considers pets to be personal property, even though they are living beings with needs and feelings. What does that mean? Let’s break it down.

Like any other property in a divorce, when awarding ownership of a pet, the Court will look at several factors to determine what is equitable. In divorce, an equal division of assets would require everything to be divided 50/50, while an equitable division requires assets to be divided fairly, with the Court considering factors regarding who should be granted what and why. Equal does not mean equitable. The Court often considers the following when making a determination about which party should have the pet:

• When was the pet purchased, before or after marriage?

• Who has the pet stayed with during the separation?

• Who took the pet to the vet?

• Who paid the vet bills?

• Does the animal provide emotional support?

The good news is that you can work something out on your own, without involving the Court. When it comes to determining that happens to your pet, the possibilities are endless. While most people tend to select one person to continue to care for the animal, in order to cut ties completely, you can make other arrangements! As I mentioned, many people view their pets as children, so it is not uncommon to see individuals create something like a custody or time sharing agreements for their pets.

It is always important to consider your options before going to the Court - not only what is best for you, but what is best for your animal.

While we hope the Court’s will someday place pets on a different level than property, we have to do the best with what we have at this time. If your animal’s rights and future are something that worries you, we can help create a solution.