When you’ve determined who keeps the house and who gets the car, there’s still one essential asset to divide: the pets. Even though other properties are worth more, many couples face the bitterest arguments over animal ownership. With that said, here’s how to decide who gets the pets in a divorce.
Important Considerations
When the time comes to decide who comes away with the cat or dog, there are some essential factors to consider. First, if one of you is moving to an apartment while the other keeps the house with a big backyard, think about where the dog would rather be. If your pet has made friends with other neighborhood pets, that’s another thing to consider.
You can also think logistically. If your spouse handled things like buying food, toys, and supplies and took charge of vet trips and training, maybe it makes more sense to continue that trend.
Creative Solutions
If you remain on good terms with your ex once you finalize the divorce, there may be a creative solution available to you. You can develop a parenting plan (like you would with a child) for the cat or dog, including things like a visitation.
If you have children, you may use their visitation schedule as a blueprint for your pet schedule, too. You can send the cat or dog along with the kids when it’s one spouse’s weekend.
What the Law Says
As with many other assets, the court sees pets as either marital or separate property. This means that if one spouse owned a pet before the marriage, that pet would belong to them once they finalize the divorce. If you acquired the pet together during the marriage, the court would determine custody by analyzing each spouse’s living situation and lifestyle.
Now that you know how to decide who gets the pets in a divorce, remember to give yourself time before getting another pet if you don’t come away with your dog after the divorce. Take time to adapt to your new lifestyle and figure out if a furry friend is still right for you.
