Some people become pet parents because they do not want children or cannot currently expand their family. Spouses may purchase or adopt dogs, cats and an assortment of other companion animals.
A lot of their daily life may revolve around their pets. They might take extended lunch breaks to walk their dog or limit their vacation travels so that their cat isn’t home alone for two straight weeks. People often view their pets as members of their families and feel intensely protective of them.
Those emotional attachments can potentially complicate an upcoming divorce. Pet parents who have decided to end their marriage may have a complicated process ahead of them.
One spouse may have a stronger attachment to the pet
In some cases, one spouse may have entered the marriage with a pet. Other times, the spouse who spends more time with the pet may become more attached to it than the other spouse. For some couples, it is easy to address a companion animal during divorce proceedings. It is clear that one spouse has a stronger attachment or a more flexible schedule that allows them to care for the pet. Other times, the spouses may find themselves disagreeing intensely over what happens with their pets.
Is shared pet custody possible?
While spouses may view pets as family members comparable to children, the family courts do not. There are no state statutes in place allowing for shared pet custody. Therefore, judges hearing the litigated divorces involving disputes about animals have to treat the pets like property. They don’t allocate authority and time with the pet between the spouses. They determine the pet’s value and arrange for one spouse to keep it as part of the property division process.
Some divorcing couples do work out shared custody or visitation arrangements. However, those arrangements are generally private matters between the spouses. They are usually not enforceable divorce terms. In scenarios where the couple shares children or where one travels for work, they may be able to arrange an amicable solution for sharing a pet after the divorce.
Learning more about the various issues that can complicate divorce proceedings can help spouses prepare for the future. Pet parents worried about their companion animals may have to consider the situation carefully as they establish goals for a divorce.