Pets in a Divorce: Who Gets Them?

Since pets are like children, how do you determine who gets the pets in divorce? This is something that pet owners struggle with during a divorce. This is especially true if both spouses are very fond of the pets. This can be a tricky decision since emotions will be involved.

Pets in Divorce: How to Decide

Housing

Divorce typically leads to one or both spouses buying a new house or moving. One way to help you decide who gets the pets in divorce is to consider your housing situation. For example, if one person will have a small apartment, they may not have as much room for a pet. On the other hand, if one spouse will be living in a larger house with a big yard and fence, that may be a better situation for a dog.

Some apartments or rental situations do not allow for certain types of animals to live there. Make sure that you check those rules before making the decision on who gets to take the animals.

Moving Abroad

If one spouse is moving abroad, this could have an impact on who gets the pets in divorce. There are many rules and regulations about bringing pets into other countries. A pet may have to go through a lengthy quarantine or vaccination process in order to move abroad.

Caretaker

Take a good long look at who has been the pet’s primary caretaker over the years. This may have been a shared effort. However, there may have been one spouse who always took the pet to the vet or bought pet food. In the same way, there may have been someone who did more of walking the dog or scooping the kitty litter. Perhaps there is someone who the pet seems to bond better with or has spent more time with the animal. If so, this could be a deciding factor of who gets the pets in divorce.

Pet’s Best Interest

While deciding who gets the pets in divorce, try and have an objective look at what would be best for your pet. Try and keep your feelings out of it. Which living situation would be more comfortable for your pet? Or which spouse would take better care of the pet?

Emotional Consequences

If you end up being the one who ends up getting the pets in divorce, don’t rub it in. Be mindful and respectful of the other spouse’s feelings. On the other hand, the spouse who does not get the pet may feel heartbroken at the loss. There will likely be a grief process. Talk to a therapist or a friend if needed. Keep yourself busy.

Another option is to eventually consider adopting another animal. However, it may be best to take some time to process your emotions first. Don’t just jump into something. A good interim step would be to volunteer at a pet shelter or foster a pet.