If you, like many people, consider your pets to be members of the family, you will probably be very concerned about what happens to them if you and your spouse divorce. Many divorces have turned acrimonious over this issue.
Dividing Property at Divorce
Legally, pets are considered property and are divided between divorcing spouses just like any other property. So generally, if the pet belonged to one spouse before the marriage, that spouse will be awarded ownership of the animal.
When pets are involved, judges don't award one spouse "custody," as they do when there's a custody dispute over a child. When children are involved, the judge is required to make a decision based on the best interests of the child--not what the parents want. But if both spouses own a pet and can't agree about who should keep it, the court will make a decision just as it would if the couple couldn't agree over who got a sofa.
Well, not exactly. Courts generally realize that pets are, at the least, unique items of property, and that no other item of property or sum of money can take the place of a cherished animal. So they sometimes take into account:
- Who will be able to provide the best care for the pet
- Who will have primary custody of children, if the children are attached to the pet
- Who has a stronger emotional attachment to the pet
Some courts will even hear evidence from experts about which spouse is most bonded to the pet, or in which household the pet will get the best care. In a few cases, judges have given a former spouse the right to see a pet who is kept by the other spouse, much as a noncustodial parent is given visitation rights.
As pets occupy an increasingly important place in our society, more and more judges will doubtless be open to considering emotional factors when it comes time to decide which divorcing spouse gets ownership of a family pet. Several states and municipalities, in fact, are considering special statutes that would govern what happens to pets in divorce.
Getting Legal Help with Pet Disputes at Divorce
For some people, pets are the most important “property” they own. To avoid nasty fights over animals, many couples can benefit from consulting a skilled divorce mediator--and making reasonable compromises whenever they can.
