Despite the fact that a couple’s love for each other may come to an end, the love for our pets will not change. When a couple separates or divorces, all issues surrounding the relationship are at dispute. Both parties must reach an agreement on division of assets, debts, spousal support and child custody. In the event that a couple does not reach a consensus, the court will decide for them. How will a pet be distributed or even shared?
“Pet Custody” cases are relatively new within family law. Laws and rules governing this issue vary state to state. In a majority of states, pets are considered personal property, like a sofa or television set. While they are living creatures, their owners did not possess a special right for them even though they move, eat, and have feelings. Pet ownership typically goes to the spouse who paid for their animal companion. However, case law and even legislation involving pet custody arrangements is quickly evolving.
Courts are beginning to depart from this traditional property analysis. They acknowledge that pets cannot be treated the same as personal property. Case law has slowly started to recognize the unique concerns of pet custody cases including the enforceability of pet visitation agreements and pre-marriage pet contracts ("pup nups"). Alaska, California, Illinois, and New Hampshire have recently enacted statutes that allow judges in divorces with pets to determine custody in contested cases. This allows judges to take the "best interests" of a pet into consideration when determining sole or joint ownership, similar to child custody. For determining custody, questions such as “who walked the dog?” and “who took the cat to vet appointments?” are now permissible criteria.
While courts have traditionally treated pets as personal property, our society considers pets as family members and many feel they should get special consideration. Lawmakers and advocacy groups now promote the idea that the legal system should act in the best interests of the animals. Fortunately, increased public concern for our pets could lead to significant changes to sharing our furry friends in human divorces.