Certain issues that people have to address during divorce are more emotional than others. For example, many people have stronger reactions to custody matters related to their children than they do to the property division conflicts.
If the spouses have a pet in the home, then the companion animal they share could become a focal point during divorce negotiations. Many people might hope to share pet custody, but family law judges typically treat animals as property during divorce proceedings.
Spouses either need to work out their own arrangements or prepare for a judge to allocate the pet to one spouse or the other during litigated asset division proceedings. Answering the three questions below can help people make appropriate, compassionate choices about the pets that they love.
1. How did the children feel about the pets?
Custody arrangements can be a critical consideration when deciding what to do with a pet during divorce. If the spouses share children in addition to companion animals, then the plans for the children can have a direct influence on what happens with the pets.
Perhaps the children have a very close bond with the family dog. Parents might be able to agree to have the dog travel back and forth between their houses with the children as part of their custody arrangement. Maybe there is a cockatiel or a cat that has bonded with one of the parents but not with the children. It may be better for the animal to stay at one home because its presence has little bearing on the emotional equilibrium of the children.
2. What are the pet’s daily needs?
Every type of pet has different needs. Dogs require daily walks, while cats require playtime and enrichment activities to stay healthy and happy.
A professional with a demanding work schedule might be able to take care of a cat but may need to leave their dog in a kennel for most of the day. Availability and health can be important considerations when determining whether or not to seek possession of a pet during divorce.
3. How much does the pet cost?
Caring for an animal isn’t cheap. Larger dogs may require multiple bags of food per month. Many types of pets require professional grooming, to say nothing of the expensive veterinary care.
Even routine veterinary support can add up to hundreds of dollars annually. Emergency scenarios could generate major expenses at the veterinary clinic. Animals that people could afford while married can become cost-prohibitive when living on a single income after divorce.
Sometimes, divorcing spouses have to acknowledge that they are not in a position to care for a pet on their own. Other times, they may believe that retaining the pet is in the animal’s best interests. Making appropriate and realistic decisions about key divorce issues can help people secure the best future possible after divorce and minimize unnecessary conflict during negotiations or litigation.
