How Do We Handle Pets in a Divorce?

How Do We Handle Pets in a Divorce?

Pets are popular among American households. It is estimated that almost 60 million households own dogs, and more than 42 million own cats. When you own a pet, it becomes part of the family. Owning a pet is extremely beneficial, but it also comes with responsibilities. People need to properly care for their dogs, cats, and other pets by providing them with the care and love they need. When a couple divorces, they must decide where the pets will live. Although you may be a pet parent to your dog or cat, in the eyes of the law, pets are property.

 

Marital Property vs Separate Property

No matter how much we love our pets, in the eyes of the law, they are property. As such, pets become part of the distribution of property in a divorce. It is helpful to understand the difference between marital property and separate property. Marital property is property you obtained during the marriage. North Carolina law defines marital property as “all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of separation”. If you obtained your pet while you were married, it is likely going to qualify as marital property.

 

Separate property refers to personal or real property that you owned before the date of your marriage or after the date of separation. It includes real property and anything else that you owned prior to tying the knot. Separate property also includes gifts and inheritances that are made to an individual during the marriage. For example, if you received a gift during the marriage, the item is to be treated as separate property for purposes of divorce distribution. In North Carolina, marital property is to be divided equally between the parties.

 

Owning a Pet Before Marriage

If one party owned a pet before the marriage, it belongs solely to that person. However, there can be some complications. For example, if you and your partner lived together before you got married and got the pet during that time, it may be considered marital or divisible property. You would need to prove how you paid for the pet in order to help determine the owner. Pet ownership is more complex than dividing other types of property because couples and often their children have an emotional attachment that is not accounted for in a typical property distribution.

 

Deciding Pet Custody

Because pets are treated by the court the same as any other property, it is often best for couples to address pet “custody” on their own. Spouses may want to discuss and decide exactly which one will retain ownership of the dog after divorce. There are many factors to consider, such as where the pet is most comfortable, the age and health of the pet, the ability to care for the pet, and the financial aspects of pet ownership. Importantly, if you have children, you will want to consider what is in their best interests regarding pet placement. You may also choose to establish “visitation”  for the partner who does not retain ownership. These decisions are best put into a written agreement so they may be made part of the divorce.

 

Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation to discuss your separation and divorce matters.

 

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-20.html

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-20.html

 

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