If you divorce, you may be concerned about who gets custody of the family pet. Courts do not consider pets to be family members, regardless of your feelings towards them. Instead, in Southbury, pets in asset division cases will be treated like property.
If possession of a pet is a concern in your divorce, contact one of our experienced property division attorneys. We can explain how the law addresses pet-related issues and suggest ways for you to achieve your desired outcome.
No matter how deep a person’s emotional attachment to a pet, domestic animals are considered personal property, and Connecticut General Statutes § 46b-81 requires courts to divide a couple’s property equitably. Making property division fair can mean that each spouse retains the personal property that is most important to them. For example, each spouse might retain the equipment or tools they use in their hobbies, even if the value of those items is not equal.
When the personal property is a pet that belonged to one of the spouses when they married, that spouse is more likely to retain possession of the pet. When the pet entered the household after the couple married, the court could consider which spouse spent more time caring for the animal, securing its veterinary treatment, and similar factors. An asset division lawyer in Southbury can ensure that a court understands how much time and effort a spouse puts into caring for a pet.
Some pets have significant financial value to the household. Animals working as actors or models or with monetized social media accounts may bring in substantial income. Similarly, pedigreed animals with desirable bloodlines often demand high prices for breeding or stud services.
In these cases, courts may focus more on the animal’s economic value than on any emotional attachment family members may have to it. The court may assign possession of the animal and earnings according to which spouse needs more to accomplish a fair property division.
Judges differ in the time and energy they are willing to give pet possession disputes. Some Connecticut family court judges have held hearings, including witness testimony, regarding pet possession. However, most Southbury attorneys would advise couples to resolve pet disputes between themselves rather than ask a court to intervene.
For instance, if the couple has children, a judge may look unfavorably at parents who cannot put their differences aside to decide on pet possession. A judge may question whether parents who cannot agree about caring for a pet could co-parent their children successfully.
Like all aspects of divorce, results are better—more fair, realistic, and enforceable—when the parties negotiate a settlement instead of leaving it for the court to decide.
When both spouses have an emotional attachment to the pet, they can arrange to share possession of the animal. When a couple has children who are close to the pet, they might decide the pet should stay in each parent’s home when the children are there. Whatever the spouses decide about pet possession, a Southbury attorney could formalize it in a written agreement.
Mediation is often a helpful process when couples cannot agree on arrangements for their pets. Couples mediating other aspects of divorce can incorporate pet possession into the mediation process.
Pet possession can become a highly contentious issue in a divorce. Everyone benefits when spouses work together to find a viable solution, but often need help.
Consult one of our experienced family law attorneys about pets in Southbury asset division cases. A judge will likely treat your pet as property, but we can help you craft a solution that acknowledges your pet’s vital role as a member of the family. Contact us today.
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