Although you may see your pet as a family member, the court categorizes furry companions as personal property. An experienced Mansfield Divorce Lawyer can be an invaluable ally, helping you navigate the complexities of pet custody agreements in Massachusetts divorce cases. Please continue reading as we explore what you should know about these matters.
Are Pets Considered Property or Family in a Massachusetts Divorce?
While some states consider the “best interests” of a pet, under current Massachusetts law, pets are considered personal property in a divorce and are divided as part of the marital estate rather than being subject to child custody or visitation rights. This essentially means that the court applies the same equitable distribution rules for dividing pets as they do for other assets like cars or furniture. When determining who gets to keep the family pet, the court will examine the following factors:
- Who acquired the pet?
- Who contributed to its care?
- Who is the registered owner?
- Who can provide a suitable and stable living environment?
- Who has the financial resources to afford the ongoing costs of pet ownership?
- Are the children from the marriage attached to the pet?
Despite there being no specific “pet custody” statutes in Massachusetts, the court may enforce informal custody agreements, and the primary owner or responsible party is usually favored. In a pet custody agreement, you should outline who has authority to make decisions about the pet, who is responsible for costs associated with pet care, a visitation schedule, and establish a process for resolving future disagreements.
How Do Courts Handle Pets That Were Gifted or Inherited?
In Massachusetts divorce cases, it’s crucial to understand how courts handle gifted or inherited pets. The primary consideration is whether they have stayed as separate property or have become marital property subject to division.
If a companion animal is inherited by one spouse will remain separate property unless the other spouse’s assets or care significantly contribute to its upkeep. If a pet was gifted to one spouse from a third party, it will likely be considered separate property. However, if the gift was from one spouse to the other, it may be deemed marital property. To support your claim, you will need to show clear evidence of how you acquired your furry companion.
If marital funds were commingled to pay for the pet’s care, the court will view the pet as marital property. Depending on whether the pet has been integrated into the family and is jointly cared for, it’s most likely to be considered marital property and thus subject to equitable distribution.
If you want to ensure your beloved companion’s well-being, please don’t hesitate to contact an attorney at the Law Offices of Cynthia L. Hanley, P.C., who can provide the legal representation they deserve. Our legal team will help you craft a pet custody agreement and present strong arguments in court. Connect with our firm today to schedule a consultation.
