Learn what factors affect how pets get treated in a divorce

According to a recent survey from the American Academy of Matrimonial Lawyers, pet custody disputes in divorce cases have been on the rise over the past five years. About 27 percent of the divorce attorneys who responded to the survey said that they had noticed an increase in the number of clients who had concerns about which spouse would get to keep the family pet after their divorce. The overwhelming majority of these pet custody disputes involved dogs, but the occasional cat, bird, or reptile was also disputed.

Considering the strong emotional bond that forms between pets and their owners, it’s no surprise that divorcing couples are fighting over pet custody. In many cases, however, the fight is inspired by a desire to hurt the other spouse rather than any real love for the pet. When one spouse desperately wants the pet and the other does not, pets can be used as pawns or as leverage in negotiating the divorce agreement. One spouse may ask for more money or property or a more favorable child visitation agreement in exchange for not contesting custody of the pet. The good news is that you do not have to fall victim to these tactics. With help from an expert divorce attorney, you can create a strong argument for who is best equipped to care for the pet and let the court decide. Here are the primary factors that a court might look at to determine custody of a pet.

Pre- or Post-Nuptial Agreements

If you have a valid pre- or post-nuptial agreement that describes who will get to keep the pet after a divorce, a court will respect this and award the pet accordingly.

Personal or Marital Property

Although we’re using the term “custody” here, in the eyes of the law a pet is actually just another piece of property like a boat or a car. As such it is subject to the same rules governing all marital property in California. If the pet was acquired prior to the marriage, it is personal property, but if it was acquired during the marriage with shared funds it will most likely be community property which each spouse has an equal right to.

Pet Care

A court may also be willing to consider evidence regarding which spouse has traditionally provided the majority of the pet care and give preference to that person. The court may also be sympathetic to arguments that one spouse or the other will be able to provide better pet care in the future due to their lifestyle.

Pet’s Relationship with Kids

If your children also have a strong relationship with the pet, it may be possible to argue that the pet should live with whichever spouse has custody of the kids, or, in cases of joint custody, with whichever spouse has physical custody of the kids the majority of the time.