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Can spouses share pet custody after they divorce?

On Behalf of | Feb 1, 2025 | Divorce |

Every person contemplating divorce has their own unique concerns and priorities. For some people, ensuring regular time with their children is the most important consideration. For others, preserving retirement savings or their small business might be their most important priority.

For certain spouses, maintaining a relationship with a household pet might be their main concern as they prepare for divorce. After all, they know that the state protects their parental rights and interest in the marital estate. They may be less certain about their rights as a pet owner.

Is it possible for divorcing couples to ask for shared pet custody during divorce?

The courts don’t divide pet custody

Regardless of how strongly couples may feel about their relationships with their pets, a family law judge cannot treat a pet like a member of the family. Under state statutes, pets are a form of property that factor into the asset division process.

Judges can determine who keeps the pet, but they do not hear in-depth testimony about pets to divide custody. They focus on the financial value of the pet and how to integrate that value into other property division choices.

Occasionally, those who have pets can negotiate shared ownership arrangements after a divorce. One spouse might agree to watch the pet when the other travels for work, for example. Spouses who have shared pets and children might arrange for the family dog to travel between households with the kids. They generally need to reach those arrangements on their own.

Understanding property division rules can help divorcing spouses prepare for the process ahead. Their pets may require careful consideration as they negotiate.

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