Pet Custody During a Divorce

Pet custody during a divorce can be a sticky topic. Your pets become like members of your family, and if you are considering divorce, the idea of your pet living apart from you can be devastating. Many couples wonder if they can legally share custody of their pets. The truth is that although pets feel like family members in our hearts, legally, they are property. Therefore, a judge will consider many factors when deciding which spouse should keep that “asset.” They will do their best to ensure that their decision means that things are fair and equitable. However, although an attorney cannot represent you in a pet custody case, you and your ex could certainly decide on your separation and custody agreement outside of the court.

Pet Custody During a Divorce: Can You Share Custody of Your Fur Baby?

Pets are Property

When looking at pet custody during a divorce, pets are considered legally to be property. Although they become important members of the family, they are not “children.” Instead, a judge will assign them a monetary value. Then they are considered during the divorce as an asset to be divided or reimbursed for equitably.

Deciding What’s Fair

One of the things that a court will look at when deciding on pet custody during a divorce is whether or not the pet is a marital asset. If one spouse or the other had the pet before the relationship began, the court might take that into account. However, the court will look at other factors if the pet was acquired together during the marriage.

Dividing Things Equitably

When figuring out pet custody during a divorce, the pet is legally an asset for the couple. This means, that when the court decides how to split up other assets, they’ll include the pet. The pet will get a monetary value and one spouse will keep the pet. Then, the court will grant the other spouse something of equal value.

Custody Agreement

While the court will not address pet custody during a divorce, you and your ex-spouse can certainly come up with your agreement outside of the court. You can create a separation agreement or even a custody agreement. Some couples choose to have visitation with a pet, while others allow the pet to live with one spouse for some amount of time and then switch. Pet custody during a divorce is a common concern for couples. Although your pet is a piece of property with monetary value in the eyes of the law, that’s not usually how we view our furry friends. Instead, they become like little family members to us. When a couple splits up, it can be a big stress to figure out how to handle pet custody. If the couple cannot agree, the court will decide for them. They’ll do this by assigning a monetary value to the pet. Then, they’ll look at several factors to decide who keeps the pet and who gets something of equal value in the divorce settlement. However, although the court won’t create a separation agreement and custody order for your pet, you and your ex can do that on your own. Hopefully, you can come to an agreement that works for you both.