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Pets & Distribution of Property In Divorce: Pet-Nuptials

More and more common is the use of Pre-Nuptial Agreements. These are agreements, negotiated and signed before marriage, when parties have assets or debts they wish to address before their wedding. Often, a party (and often both parties) is coming into a marriage owning a business, a house, or having money in a retirement or other accounts. These agreements will address whether that previously owned asset is to be marital property, or whether the increase in value of that pre-marital asset is to be included as marital property, should the parties ultimately divorce at a later date.

Generally, not discussed is the pet, owned before marriage by a party, or purchased during the marriage by the parties. What happens to Fido should the parties separate and divorce? 

∙ What happens if Fido was owned by Wife, for example, and Husband has gotten very close to the dog? Should Husband have any “custodial time” with Fido?

∙ What if Fido is purchased during the marriage, but was cared for solely by one spouse and paid for solely by that spouse. Does the other spouse have any rights?

∙ Is it prudent to establish a schedule for each party to have “custody” of Fido after separation or divorce?

∙ Who should be responsible for Fido’s expenses after separation or divorce, and how much should each party pay? Is there a limit on expenses, i.e., if Fido needs a $10,000.00 operation, and only one party is willing to incur that expense, should the other party be forced to share in it?

These, and a multitude of other issues, can be discussed and agreed to in a Pre-Nuptial Agreement. If, however, there are no other assets or debts being brought into the marriage, would the Court enforce a “Pet-Nuptial” Agreement?

The foundation of this issue is the understanding that in the eyes of the law, a pet is an item of property, as is a house, car or chair. It has a similar value. If Fido is a purebred dog, it’s file is higher that if Fido was a mixed-breed. 

Since issues surrounding a house can be addressed in a Pre-Nuptial Agreement, why can’t issues surrounding a dog, cat or other pet, be similarly addressed? I’d argue these issues can be addressed, regarding this particular item of “property”.

Perhaps it is time to begin addressing this issue in Pre- or Post-Marital Agreements. In our law office, we increasingly deal with pet issues in Post-Marital or Divorce Agreements. Rarely, however, have we addressed these issues in a Pre-Marital Agreement. Since the Court considers pets as simply property with no other intrinsic value, and our clients who own pets surely do not, it is up to Family Lawyers to begin addressing these issues in our Pre-Marital Agreements. It is further incumbent on our client to raise this issue, if providing for a pet is important to the person who is soon to be married.

For personalized guidance from an experienced divorce mediation lawyer who successfully navigated alternative divorce methods for over years call the Philadelphia mediators at Peaceful Separation and Divorce.