Pets Under Property Division Law
Many couples view their pets as family members, which can make the issue of pet ownership challenging during a divorce. Although owners may have a strong emotional bond with their animals, courts in most jurisdictions generally treat pets as personal property, similar to furniture or other household items. They typically assign ownership to one spouse. However, there is a notable trend in certain courts toward considering the emotional attachment between spouses and their pets, potentially leading to shared decision-making or even visitation arrangements.
Separate vs. Marital Property
Courts often distinguish between separate property and marital property when deciding pet ownership. A pet may be deemed separate property if it belonged to one spouse before the marriage and was maintained exclusively by that spouse. Conversely, if the pet was acquired during the marriage, courts are likely to classify it as marital property. Even if a pet was originally separate property, though, the manner in which expenses are handled can influence whether it might later be considered marital property. In some jurisdictions, consistent use of marital resources (such as joint funds for vet bills or dog walking) may be a factor considered by courts in deciding whether to view the pet as marital property.
“Pet Custody”
Several states have begun to pass laws that explicitly address how pets should be handled in divorce proceedings, often taking the “best interests of the pet” into account. Alaska was the first state to enact legislation requiring judges to consider the animal’s “well-being” when determining which party should retain custody. States such as Illinois and California have introduced similar measures that allow courts to treat pets less strictly as property and more in line with a “best interests” standard. This kind of legislation can grant judges broader discretion to devise pet custody arrangements like shared custody plans, reflecting an acknowledgment of the emotional bonds people form with their pets. However, these statutes remain relatively rare, and the traditional property law approach to pets is still the majority view.
“Pet Support”
Although it’s still relatively uncommon, divorcing spouses sometimes set up an arrangement that can be broadly described as “pet support.” In other words, the spouse who doesn’t keep the pet contributes periodically to its care after the divorce. This concept can be particularly useful if a pet requires significant or ongoing expenses, such as veterinary treatments, medications, or special diets, and the spouse who keeps the pet would struggle to pay for these costs on their own.
Premarital and Postmarital Agreements
Spouses can address potential pet-related issues by including specific provisions in premarital or postmarital agreements. If a pet is acquired before the marriage and is important to one spouse, or if the couple plans to bring a new animal into the marriage, these agreements can designate responsibilities for vet bills, basic expenses, and decision-making authority. Having these details spelled out in advance often reduces disagreements if a divorce occurs.
