Pets: a complex and emotional issue
Pets (dog, cat, bird, fish, snake, tarantula, iguana, sugar baby, gerbil or guinea pig) are often a complex issue in the dissolution of marriage. On one hand, your pet may be your best friend (whom you sometimes like better than your spouse or child). On the other hand, they are “property” as much as your couch or flatscreen TV. And pets are an expense to factor in to your post-divorce budget.
What happens to pets in a divorce?
If you have a marriage of several years (and your pets are several years old,) everyone in the family—the husband and wife, and the children—is attached to them. They may even provide the only remaining stability and rational thought for your children during the dissolution process.
If you reach a settlement agreement and you are amicable with your spouse, you might consider petsharing. This is an arrangement where the the pets go back and forth with the child; or dividing them between households and the sharing the expenses.
As with all issues in your divorce, it is better to resolve your pet dilemma in a rational and fair manner because you can be much more creative in your settlement agreement versus at a trial before a judge. If you cannot resolve the issue of your pets with your spouse, (either partially or not resolving the entire dissolution case) then it will become an issue at trial and it is the judge who will decide the future of your pets and other matters.
The problem is that pets are “property” in a dissolution of marriage and therefore the judge will give the pets to one party or the other like any other piece of property. Technically, the judge could convey joint ownership, but I have never seen this happen. Therefore, contrary to popular belief, a judge does not order “joint custody” of your pets.
The cost of your pet is an additional issue to be discussed in the alimony portion of your case. As with dividing up cars, houses, bank accounts and personal property, pets too, are divided up. It is possible that a pet will be distributed to your spouse and you will never see that pet again. If your spouse is a sadistic person and they know that the amimal is of great love and sentimental value to you, they may insinuate abuse of the family pet in order to emotionally control you. They may even obtain other concessions from you after the judge has entered the Final Judgment dissolving your marriage. This is in addition to his/her determination of property distribution, along with timesharing with the children and monetary issues.
It is important to fully discuss with your attorney the sentimental value of your pets to you and your children. Perhaps you value your four-legged family member more than any other assets. If you cannot resolve the issue by mutual agreement, the fate of your pets must be taken as seriously as all other issues in your case and may end up beyong your control.
Pets need you and you need your pets. They require utmost consideration and the continued love and affection of their humans.