Who Gets The Pets?

Pets were once considered to be “property,” and treated as such during divorce mediation. No longer. Today, views are progressing. Pets are now recognized as having subjective value to an owner.

For many of us, pets are part of the family. For others, there is little or no emotional attachment.

For all divorcing couples, here are some questions to be considered when devising your mediation agreement. You can address them with a helpful Pet Worksheet:

Points to Consider

• Will one of you have sole custody?

• Are you interested in visitation (or pet time)?

• Should your pets maintain the same schedule as your children?

• If you have more than one pet, is it important to you to keep them together?

• How will financing the pet’s care and material needs be handled?

• Who will be responsible for a pet during its pregnancy?

• For elderly or ill pets, will you require mutual consent to vet care or to have the pet put down, if so medically advised?

• Do you have farm animals that are income-producing assets? Are they listed as such on your budges and financial documents?

• How do you define the status of your horses: as pets, farm animals or investments?

• Do you have pets that serve as guides or support emotional needs?

• What questions or concerns do you have regarding your pets and/or farm animals?

Expenses

• Food

• Veterinary Bills (i.e., surgeries, checkups, medications, pregnancies)

• Accessories (i.e., beds, leashes, toys, clothing)

• Grooming

• Boarding

• Pet Care (i.e., dog walking)

• Pet Insurance

Noteworthy

• Although a pet may be registered with only one name on the document, it is generally agreed that the pet has dual ownership in a long-term marriage.

• During hurricanes and floods, federal funding is available for provisions that support pet care.

• Emotional support animals are not licensed or trained, but a service animal, such as a seeing eye dog, is.

• In domestic violence matters, pets will be cared for by the non-abuser, regardless of any legal ownership.

“Let’s focus on your future.”

—Barbara L. Leiding, NJAPM, Divorce Mediator