Pets and Divorce: Decisions About Care and Custody | Allan Brandon Tise PLLC, Attorney at Law
January 5, 2021
Pets are family members in many households. The choice of where pets live after a divorce needs consideration. The cost of care, whether the animal was purchased prior to marriage, and if the marriage included children can play a role in the decision. Always include the details for pet care and possession in any divorce agreement.
Know the Laws
You may treat your pet like a child and have a powerful bond with the animal, but the law views pets as personal property. The ability to keep an animal may depend on when the animal was purchased. The court will find whoever had the animal before marriage is the sole owner and the animal is separate property. Gather any receipts, witness statements, pet licenses, and anything that proves you owed the animal before marriage. If the animal was purchased after marriage, prove you were the one that did all or most of the care during the marriage.
Consider Shared Arrangements
A newly divorced person may not have the money to cover all their living expenses and the sole care of an animal. Look at your budget realistically because you may need to prove the ability to care for the pet. The average dog, for example, costs its owners between $5,000 and $20,000 over its lifetime. A shared possession arrangement for the pet may become a necessity if you expect to have a tight budget for a few years. Pet costs can be listed as expenses for post separation support or alimony.
Make a Trade
Consider another option if the cost of care is not a problem for you, and you insist on full possession. The law considers pets as property, so the potential exists to barter for the ownership of the pet. Some people will happily agree to give their ex-spouse the furniture, the title to a vehicle, or some other asset to have sole possession and ownership of the pet.
Remember the Children
If children are in the home, it can often benefit them to have their pets with them. Pets play a significant role in the emotional welfare of children . The love and comfort provided by a pet can help to make the changes after divorce a little easier for any child. Offer to share the family pet if you and the other parent plan to share custody of the kids. Allow the pet to go with the children to each home if feasible. The agreement allows the kids and the pet to have the consistency of being together all the time.
Include Future Scenarios
New relationships can mean unhappy changes for your pet. A shy cat may suffer in a house with noisy children if your ex-spouse remarries. A small older dog may now live with a young, active dog that threatens its safety or comfort. Address likely events like these in the equitable distribution agreement to ensure a lifetime of happiness for your pet. Pets need a reliable and loving home, and the people that love those animals need their best friends at their side. At Allan Brandon Tise PLLC, Attorney at Law , we understand that you will have many concerns during a divorce. Our team can help you prioritize everything and give you the security you need as you move forward. Contact us today to schedule a consultation.
Know the Laws
You may treat your pet like a child and have a powerful bond with the animal, but the law views pets as personal property. The ability to keep an animal may depend on when the animal was purchased. The court will find whoever had the animal before marriage is the sole owner and the animal is separate property. Gather any receipts, witness statements, pet licenses, and anything that proves you owed the animal before marriage. If the animal was purchased after marriage, prove you were the one that did all or most of the care during the marriage.
Consider Shared Arrangements
A newly divorced person may not have the money to cover all their living expenses and the sole care of an animal. Look at your budget realistically because you may need to prove the ability to care for the pet. The average dog, for example, costs its owners between $5,000 and $20,000 over its lifetime. A shared possession arrangement for the pet may become a necessity if you expect to have a tight budget for a few years. Pet costs can be listed as expenses for post separation support or alimony.
Make a Trade
Consider another option if the cost of care is not a problem for you, and you insist on full possession. The law considers pets as property, so the potential exists to barter for the ownership of the pet. Some people will happily agree to give their ex-spouse the furniture, the title to a vehicle, or some other asset to have sole possession and ownership of the pet.
Remember the Children
If children are in the home, it can often benefit them to have their pets with them. Pets play a significant role in the emotional welfare of children . The love and comfort provided by a pet can help to make the changes after divorce a little easier for any child. Offer to share the family pet if you and the other parent plan to share custody of the kids. Allow the pet to go with the children to each home if feasible. The agreement allows the kids and the pet to have the consistency of being together all the time.
Include Future Scenarios
New relationships can mean unhappy changes for your pet. A shy cat may suffer in a house with noisy children if your ex-spouse remarries. A small older dog may now live with a young, active dog that threatens its safety or comfort. Address likely events like these in the equitable distribution agreement to ensure a lifetime of happiness for your pet. Pets need a reliable and loving home, and the people that love those animals need their best friends at their side. At Allan Brandon Tise PLLC, Attorney at Law , we understand that you will have many concerns during a divorce. Our team can help you prioritize everything and give you the security you need as you move forward. Contact us today to schedule a consultation.
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