As you go through a divorce, you and your spouse have to divide your lives. Two of the main components of this are property division and the division of child custody rights. Couples need to split up marital property, and they must determine who has legal and physical custody of the children at specific times.
That said, you may find yourself concerned about what is going to happen to your pet. You may have a close bond with your pet that has formed over many years. You may want custody rights to ensure that this pet, whom you consider a beloved part of the family, continues living with you. But why is this not handled the same way as child custody?
Pets fall under property division
The reason you cannot receive custody of a pet is that custody rights are only assigned to children. Pets, even though they feel like family members, are legally considered property.
As a result, deciding who keeps the pet is a property division issue. If you purchased the pet before you were married, you may be considered the owner and may keep the pet after the divorce. However, if you and your spouse acquired the pet during the marriage, it is a marital asset that you both own. It must be addressed during property division.
This does not always lead to a satisfying outcome. If both spouses want to keep the pet, but one person receives a different marital asset of similar financial value instead, they may feel disappointed. From the court’s perspective, however, the focus is on the financial value of the pet and dividing marital property accordingly.
Are there any other solutions?
If you and your spouse are on relatively good terms or are willing to cooperate, you may be able to reach solutions outside of this strict legal framework.
For example, consider the relationship your children have with the pet. It may make sense for the pet to move back and forth with the children. When you have custody of the children, you would also have the pet. From the children’s perspective, they continue living with the pet full-time, while both parents share responsibility.
Even if you do not have children, it may be helpful to consider the preexisting relationship each spouse had with the pet. If one person was primarily responsible for caring for the pet, it may make more sense for that person to keep the pet during property division.
The complexities of divorce
Divorce can become very complicated when spouses disagree over property division or custody arrangements. The situation can become even more complex when pets are involved, often leading to disputes during divorce litigation. If you are in this position, it is important to understand your legal rights and options while navigating the divorce process.