More and more, people are taking pet disputes to divorce court. When a pet has been shared between partners through the duration of a marriage, courts will look at the following details to determine who should get “custody,” even though pets are considered “property” under Minnesota law.
1. Who takes care of the pet? – Who feeds the pet and takes her to vet visits? You might ask your veterinarian to sign a statement indicating you are the one who brings the pet to appointments. A family friend or relative can also serve as a witness regarding who is the primary caregiver.
2. Where will the kids live? – If the animal is a family pet, the court will want to know with whom the children will live after the marriage is dissolved. If you’ll share custody with the children, you may end up sharing custody of the pet, too. Pets can be finicky, however, so if it comes down to where the kids live and who has the best relationship with the pet, the pet and the kids could actually end up in different households.
3. Lifestyle – Whose lifestyle is better suited for taking care of the pet? If one of you travels for business a lot, or spends long hours away from home, then the other partner could end up with custody.
4. Living environment – Is where you will live after the divorce suitable for a pet? If one of you moves into an apartment where pets are not allowed, then the animal will be placed in the home of your spouse. Other living environment concerns could affect where the pet ends up as well. Are other pets involved? Do those pets get along with yours? The court will consider as many factors as are relevant.
5. Prenuptial agreement – Who owned the pet before you were married? If you haven’t tied the knot yet, get your future spouse to sign a prenup.