During a divorce, the fate of the beloved family pet(s) can become a contentious issue, similar to child custody disputes. For most people, a pet’s real value isn’t financial — it’s the companionship and love that come with it. If you are worried about what happens to your furry friend during a divorce, here is some information on what to know:
Virginia law treats pets as property. If a pet was owned by you before marriage, it is your separate property and will be awarded to you. A pet also may be considered your separate property if it was gifted solely to you during the marriage by someone other than your spouse or it was purchased during the marriage using your separate funds (money you had before marriage or received during the marriage by gift or inheritance).
If the pet was acquired during marriage or using marital funds, it is considered marital property subject to equitable distribution during divorce. Equitable distribution is the principle that when a couple divorces and they can’t reach an agreement on “who gets what,” the court divides their marital property in a way that’s fair — not necessarily equal — based on factors like each spouse’s contributions to the marriage and the property itself. Because a living animal obviously cannot be divided in half, courts decide who keeps the pet. If the pet has monetary value, the spouse keeping the pet will usually be ordered to pay a portion of the value to the other spouse. It is important to understand that, because they are treated as property and not as children, Virginia courts will not order shared custody or visitation schedules for pets.
If you can’t agree on who the pet will go with, the court will decide. When deciding which spouse gets to keep the pet, courts may consider several things: the home environment that best suits the pet’s well-being, which spouse originally obtained the pet and served as its primary caregiver, the pet’s apparent bond or preference, and each spouse’s day-to-day availability.
To improve your chances of being awarded the pet, be prepared to prove that you were the primary caretaker of the pet during the marriage and that you can take care of the pet after the divorce. Some things that may help your case for keeping the pet are that you take daily care of the pet, you take the pet to the veterinarian or groomers, the pet prefers to be with you, and you have a good setup for the pet in your home. You also can gather evidence showing these things, such as vet bills, grooming bills, receipts for food and toys, adoption papers, and testimony from friends and family supporting your claim that you are the primary caretaker of the pet.
Agreements are best. The best-case scenario is always an agreement between spouses. Although won’t order a custody or visitation arrangement for a pet, spouses are free to negotiate their own — including a “custody” schedule, how to split veterinary bills and other expenses, and even having the pet travel back and forth along with the kids’ parenting schedule. Reaching this kind of agreement, whether through direct negotiation or mediation, is faster, less expensive, and lets you and your spouse decide what’s truly is best for your pet — rather than leaving that decision in the hands of the court. Any agreement reached by spouses will be enforced by a court after divorce.
While the law treats pets as property, Cooper Ginsberg Gray knows that they are much more than that and is here to help you navigate pet ownership during a divorce. If you have questions about divorce, contact the experienced lawyers at Cooper Ginsberg Gray at (703) 934-1480 or visit www.cgglawyers.com.
