Who Gets The Pets During Divorce?

If you are preparing for divorce, you likely have many questions about what to expect during the process, and what will happen. If you have children, you may worry about losing time spent with them. If you own a business, you may worry about how it will be impacted by divorce proceedings. If you and your spouse have pets together, you may wonder what will happen to them. Below, our Media property division lawyer explains further.

Pets are Property in Pennsylvania 

Many people treat their pets like part of the family. They may buy gifts for them during the holidays, and even celebrate the birthday of their pet. When going on vacation, they may even look into destinations that are pet-friendly. While pets certainly can work their way into our hearts, the courts view them as marital property.

Even if one spouse had a pet before getting married and they brought the animal into the relationship, it is still likely considered marital property. This is because the other spouse likely helped care for the pet, and probably financially contributed to the pet’s care. Instead of ordering custody of the pet, the court will instead award ownership to one spouse under Pennsylvania’s equitable distribution laws.

Judges will take certain factors into consideration when awarding ownership, though. For example, if one spouse primarily cared for the pet, that could strengthen their argument for ownership. Even if both spouses cared for the pet, if one spouse brought it into the marriage that could also slightly tip the scales in their favor for pet ownership.

Spouses Can Reach an Agreement 

Like any other part of the divorce process, spouses can reach an agreement on their own about who will take the pet post-divorce. This not only saves the couple the time, expense, and stress of going to court, but it also allows them to create a customized arrangement that works best for them.

For example, if you and your spouse have children together, the pet may travel with the kids between each parent’s home. If one spouse has a very demanding job, the other party may agree to care for the pet if they have to travel or work overtime. Difficult decisions always have to be made during the divorce process, including giving up time with their pets.

Reaching an agreement can help couples establish terms that are best for them and that the courts would not put in place during litigation.

Our Property Division Lawyer in Media Can Help with Your Case 

When going through a divorce, it is important to understand how the courts will handle pets and other complex factors. While shared pet custody is becoming more common today, it is not an option when you allow a judge to make all decisions for you. At Barbara Flum Stein & Associates, our Media property division lawyer can negotiate with your spouse on your behalf to ensure you receive the most favorable outcome possible. Call us now at 610-565-6100 or contact us online to schedule a consultation and to learn more about how we can help.

Sources:

law.cornell.edu/gender-justice/resource/23_pa._c.s.a._§_3501_domestic_relations_-_property_division

fox43.com/article/life/pa-lawmakers-propose-better-pet-custody-agreements-in-divorces-fox43/521-0abe392f-0bea-4cfa-b52d-2ea95f7ae03f