What Happens to Pets in a Divorce?

Divorcing spouses must decide on property division, alimony, and child custody. Many divorcing couples also have to determine who gets the family pet. You may consider pets part of the family, but family courts consider pets a piece of property. However, some states now have laws that consider the best interests of the pet in pet custody disputes.

Divorce laws vary by state. To find out what happens to your pet in a divorce, talk to a local divorce lawyer.

Legal Status of Pets in Divorce

About half of all U.S. households have one or more pets. Most families treat their pets like family members. In a divorce, pet owners often dispute who gets to keep the family dog or cat after separation. Even if the couple thinks of a pet as family, pets are considered property under state divorce law.

Generally, pets are treated like other personal property in a divorce. Personal property includes real estate, furniture, vehicles, and clothing. Marital property gets divided in a divorce agreement between the separating spouses. Deciding who gets pets falls under state property division rules.

States follow community property or equitable distribution rules for marital property. With equitable distribution, the courts divide property fairly, but not necessarily 50-50. With community property, property acquired during the marriage is the couple’s joint property—separate property from before the marriage remains separate.

Court Considerations for Pet Custody

The couple can decide the division of property, including who gets the house, the car, and the beloved pet. Generally, the couple should make pet ownership decisions. When you are in charge of deciding custody of the pet, you can come up with your own settlement agreement. If there are disputes over who cares for the pet, the court will decide on pet ownership.

For families with children, the court generally determines pet custody based on the best interests of the child. The parent with primary child custody will often get the pet for the benefit of the children.

Many states now have pet custody laws providing for the well-being of a companion animal in divorce. Divorcing couples can determine a joint custody agreement to share pet care. When there is a custody dispute, the court considers the pet’s best interests when allocating sole or joint ownership.

Shared Custody Agreements for Pets

Couples can create a shared custody agreement similar to child custody cases. With shared custody of the dog or cat, the couple can split up physical custody and visitation rights. The divorcing couple can decide on their visitation agreement. Terms to include for shared custody include:

• Paying vet bills
• Costs of food, training, and grooming
• Pet insurance
• Visitation schedule
• Decision-making responsibilities
• How to resolve custody battles

If the court enters the custody agreement in the divorce proceedings, the family court can enforce visitation rights. However, it is generally better to try and resolve disputes before turning to the court.

Prenuptial Pet Custody Agreement

Pet-nups can determine which family member gets the pet in the event of a divorce or separation. A prenuptial agreement provides for how the couple handles separate property in the event of a divorce. Generally, courts will enforce prenuptial agreements unless a spouse is hiding assets or there is fraud. If one partner has a pet before marriage, the couple can use a prenuptial agreement to keep the pet with the original owner.

Alternative Dispute Resolution for Pet Custody

Alternative dispute resolution (ADR) is a common option in family law. The most common types of ADR include mediation and arbitration. With mediation, a third-party mediator works with the parties in dispute. The mediator doesn’t decide divorce cases. Instead, they help the couple decide about property and custody arrangements.

A mediator can meet with the ex-spouses individually and together for pet custody. The mediator tries to narrow down the issues and develop possible solutions. With the mediator, you can devise your own custody arrangement based on your needs. This prevents the court from making a one-size-fits-all decision that neither party is happy with.

Legal Help With Family Pets in a Divorce

We become very attached to our furry friends, which can be difficult in a divorce. If you are on good terms with your ex, you can decide on pet custody based on what is best for the animal. You may need to go through family court for a resolution if there are disputes. To find out about your pet custody rights, speak to an experienced attorney in your area.