The Dog Days of Divorce

Determining Who Gets the Pets When the Marriage Ends

by Michael Heath

As married couples have fewer children or no children at all, pets are becoming a more important part of the household. Cats and dogs, as well as other animals, help make a dwelling more of a home. There is certainly an emotional attachment that makes the furry friends part of the family. When two married people who own pets decide to split, there comes the issue of what to do with the pets.

Pets Are Personal Property

The main issues in most divorces are alimony, division of assets, and child custody. A matter that is gaining weight in many a divorce is deciding where the pets will go. The courts mostly view the animals as personal property, much like a vehicles or furniture. If the pet was owned by a spouse before the marriage, then he or she is considered the owner. If an animal came into the marriage after the couple wed, then things can get stickier. The couple must agree on who gets the pet. If there is no agreement, then a judge will have to decide. Courts in more progressive states are taking a page out of the child custody playbook and applying it loosely to dogs and cats. Considerations may be applied to such matters as the pet’s best interest, who is more emotionally attached to the animal, if a group of pets should be split up, or who is more able to provide required care.

Plan with a Pet Prenuptial Agreement

Some couples obtain prenuptial agreements that include arrangements for the pets in the event of divorce. It may not be pleasant to anticipate ending a marriage when things are going swimmingly, but having a plan in writing goes a long way when the marital union falls apart.

Joint Custody for Pets

It is not unusual for spouses to share a pet after the marriage ends. Visitation agreements that seem to mirror what would be used in a child case are becoming more common. Couples often come to such agreements through mediation, but some progressive states have judges handing down such decisions.

People Love Their Cats and Dogs

The four-legged creatures that roam the home are often integral parts of a marriage. If the marriage ends, heartbreaking determinations may be made regarding the beloved pets. Knowing ahead of time what the options are can only help smooth the transition.