For many people, pets aren’t just animals — they are an important part of the family. Accordingly, when a couple decides to part ways, who gets to keep the pets in a divorce can be a highly emotional issue. While many people view their pets like they would their children, Michigan does not recognize the concept of pet “custody.” Instead, the law regards pets as property that is subject to equitable distribution when a marriage ends.

How are Pets Treated in Divorce?

When a couple divorces, the law does not treat pets like children — there are currently no custody laws in Michigan that apply to dogs, cats, birds, and other animals. In addition, there is no “best interests” standard that applies to pets like in child custody cases. Rather, a family pet is considered property and it may be subject to equitable division if it was adopted or purchased during the course of the marriage.

If a spouse had the pet before the marriage, it would generally be considered separate property, which is not subject to division in divorce. Like other types of property, a pet may also be characterized as separate property if it was acquired as a gift or an inheritance. Significantly, commingling can make the issue of whether the pet should be deemed separate or marital property more complex. If the pet was originally separate property, but marital funds were used for the pet’s care, ownership can be much more difficult to determine.

Deciding Who Gets the Pets in a Divorce

Courts place a monetary value on pets in a divorce to determine how they should be assigned, taking the value of the other marital assets into consideration. However, a judge might also evaluate other factors to guide their decision regarding which spouse should own the pet. If the spouses cannot reach an agreement and there is no prenup in place that addresses ownership, a court might consider which spouse:

• Purchased the pet
• Provides for the needs of the pet
• Ensures the pet is fed and has proper exercise
• Has a job schedule that allows them to properly care for the pet
• Has space in their home to care for the pet

Notably, a court might also consider which spouse has custody of the children. If the children have a strong attachment to the pet, it may be emotionally difficult to separate them.

Can You Argue for Custody of the Family Pet?

It’s best for spouses to decide between themselves who will get the pet in their divorce. After all, they understand their pet’s needs better than a judge who does not know the pet or the family. However, pet custody disputes can be highly contentious. If a settlement cannot be reached during the divorce proceedings regarding who will get to take ownership of the pet, the case will be litigated in the courtroom.

Mediation can be an effective tool to help spouses decide what happens to their pets in a divorce. It can allow a couple to find flexible solutions that may not be available in the courtroom and reach an agreement that is tailored to the specific needs of their family. This might mean creating a schedule for who will have custody of the pet on any given day or week. For example, the spouses might agree to a schedule similar to child custody matters where they would alternate weeks or weekends.

Drafting a “Petnup”

A “petnup” is a contract that can be entered into before marriage that determines what will happen to the couple’s pet in divorce. This document can be drafted on its own, or it can be included as a provision in a valid prenuptial agreement. It can explicitly define ownership in the event of divorce to avoid lengthy litigation and a costly trial. If pet ownership will be shared, a “petnup” can outline a custody schedule and clearly define who will be responsible for the pet’s veterinary expenses, toys, medications, emergency care, and other costs.

If divorce is imminent and there is no “petnup” in place, a couple might consider drafting a postnuptial agreement while they are still married. Similar to a prenup, a postnup can address which spouse will get to keep the pets in a divorce and prevent the potential for a courtroom battle. Importantly, a prenuptial or postnuptial agreement can allow you to take a wide range of factors into consideration about your pet’s care that may not be considered in the courtroom.

Contact an Experienced Michigan Divorce Attorney

If you are concerned about custody of your pets in a divorce, it’s essential to have a skillful attorney by your side to protect your rights. Located in Sterling Heights, the Law Offices of Kevin R. Lynch P.L.C. helps clients with a broad scope of property division matters in divorce, including those involving pets.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.