Pet Ownership and Divorce

If you are a pet parent going through divorce, you’re likely worried that your pet could be taken away from you indefinitely. Most people are familiar with the concept of custody rights when it comes to children and divorce, but fewer people know what happens to a divorcing couple’s pets. 

The unknowns of this process are stressful, but don’t lose hope. Several factors influence which party ends up with the pet or pets after divorce.

Pets as legal property

The first fact to understand is that, in general, pets are considered property under the law. They are not “beings” with guardians who have legal rights; they are property just like a vehicle or piece of land. While this may be hard for devoted pet parents to swallow, it’s important to understand. Because pets are often legally viewed as property, they will fall into either the separate or marital property categories when it comes to asset division.

Separate assets are those acquired by only one of the people in the marriage. For example, if the pet was adopted and owned by one spouse prior to the marriage, it may be considered separate property and be assigned to continued ownership with that spouse. However, if joint marital funds were used to feed the pet and pay for veterinary care, the pet may be considered a commingled asset: something that used to be separate but has since become marital property.

Even if the pet is considered a commingled asset, that doesn’t necessarily mean you will be able to share the pet after divorce. There are other factors to consider.

Pets and kids

If children are part of the family, this may play a large role in determining which household the pet should live in after divorce. Many judges don’t want to separate children from a beloved pet when they are already going through a lot of upheaval. Therefore, if the children will primarily be living with one parent, that parent may also be assigned ownership of the pet or pets.

Changes on the horizon

In recent years, some states have moved away from viewing pets as an asset to be divided and have begun to incorporate the notion of “the best interests of the pet” into ownership decisions. In these scenarios, judges may take into consideration the living situations of both parties before assigning pet ownership. 

For example, if one pet parent owns a home with a yard while the other has moved to an apartment, the yard may be considered to be in the best interest of the pet. Alternatively, if one spouse has a demanding work schedule while the other spouse is more flexible, the flexibility may be seen as more beneficial to the pet.

Rarely, a court will assign joint custody of a pet. This is similar in practice to joint custody of children, and usually involves scheduled caretaking arrangmentsvisitation privileges. It should be noted that all of these concepts are up and coming changes and are highly dependent on the area in which you live. 

Pet parents may benefit from mediation

If you have a pet and are going through divorce, the idea that your spouse may be assigned permanent pet ownership can be extremely distressing. In lawyer-led divorces, you have little sway over the judge’s ultimate decision when it comes to pet ownership.

Divorce mediation can be an alternative to an inflexible pet ownership arrangement. A professional divorce mediator facilitates a conversation between a divorcing couple that allows them to retain complete control over the way their assets will be divided, including pets. If you are pet parents and want to have joint custody, that can be written into your divorce agreement during mediation.

Mediation allows room for your unique and individual needs, rather than assigning a blanket definition of “fair” or “equitable” to your asset division. It can be done without lawyers or in conjunction with lawyers. Either way, the divorce agreement you create can be legally checked over when the process is done.

Here at Haas Mediation, we have a divorce checklist that we work through with divorcing couples to ensure we cover every detail of their lives, including their beloved pets. If you want to explore how mediation could help you as a pet parent and beyond, schedule a free 15-minute consultation today.