When divorcing, serious questions about a pet’s ownership arise as couples often dispute custody of the pet. Many couples fail to realize that pets are considered personal property and therefore can be subject to equitable distribution. While Massachusetts courts do not implement traditional child custody standards, you and your spouse may be able to reach an agreement outside of court. To improve your chances of being able to keep your pet, please contact a dedicated Bristol County Division of Assets and Debts Lawyer who can help you navigate this complex legal process.
Why Pet Ownership Becomes a Contested Issue During Divorce
For many married couples, pets are considered irreplaceable members of the family. This makes pet custody a hotly contested issue.
Courts across the state, including Bristol, Norfolk, Plymouth, and Middlesex Counties, classify pets as personal property rather than family members. As such, courts will utilize traditional property division standards rather than child custody standards.
However, pets often have emotional value. As such, divorcing spouses may be able to negotiate private arrangements that detail matters like:
- Primary ownership
- Visitation schedules
- Financial expenses
- Decision making
- Daily care responsibilities
- Transportation responsibilities
Though the court will not create a custody schedule for pets, if the divorcing spouses are able to establish an agreement, they may submit it to the court for inclusion in the final divorce decree.
Is My Pet Subject to Equitable Distribution in Massachusetts in a Divorce?
In some states, there are specific pet custody laws enforced whereby the courts have to consider the pet’s best interests when determining who gets to keep the pet. Essentially, in these states, pets are not viewed as personal property, and custody is handled similarly to child custody.
However, that is not currently the case in Massachusetts.
Although you may see your pet as a beloved family member, the courts view your pet as personal property. Massachusetts deems pets as personal property, meaning there are no custody or visitation rights involved.
If you bought the pet together during the marriage, the pet will be considered marital property.
If the pet was acquired before the marriage, it is considered separate property and therefore not subject to equitable distribution.
What Do Courts Consider When Determining Pet Ownership?
When examining who will keep the family pet, Massachusetts courts consider several factors, including:
- Who originally adopted the pet
- Whose name primarily appears on veterinary records or registration documents
- Which spouse is primarily responsible for the daily care of the pet
- Which spouse has a more stable living environment
- Whether any children the couple shares have a strong emotional attachment to the animal
- Who paid for expenses, including food, medical care, and grooming
- Which spouse has the financial ability to care for the animal
What Counts as Marital Property in a Massachusetts Divorce?
Marital property is any assets accumulated during the marriage. Marital property is subject to equitable distribution. This means the pet will be distributed to one spouse. In this case, whoever purchased the pet will keep the pet.
Marital property generally includes:
- Pets obtained during the marriage
- Joint bank accounts
- Income earned during the marriage
- Household goods and furnishings
- Real estate and vehicles obtained during the marriage
Separate property is generally any asset owned prior to the marriage that remains separately maintained for the duration of the union. Property commonly deemed separate includes:
- Pets owned prior to the marriage
- Inherited pets
- Gifts intended solely for one spouse
It should be noted that, even if a pet begins as separate property, disputes may arise if both spouses significantly contributed to the care and financial expenses of the pet during the marriage.
Can Divorcing Spouses Create a Pet Custody Agreement?
As mentioned, the courts will not create a pet custody agreement when a couple files for divorce. However, a couple can establish an enforceable agreement outlining ownership and care during and after the divorce.
Establishing a pet custody agreement can not only help avoid litigation but also ensure stability for the animal during the divorce.
What a Pet Custody Agreement May Include
- Which spouse is primarily responsible for ownership of the pet
- Shared visitation schedules
- Future dispute resolution process
- How expenses, including veterinary care, grooming, and supplies, will be split
- Transportation responsibilities
- Who makes emergency medical decisions for the animal
Typically, so long as both spouses voluntarily agree to these terms, the court can implement and enforce the agreement.
Contact an Experienced Bristol County Family Lawyer Today
If you do not want to lose custody of your pet, it is in your best interest to retain a skilled lawyer from The Law Offices of Cynthia L. Hanley, P.C. Our firm is prepared to help you protect your hard-earned assets during property distribution. Allow our firm to represent your interests today to achieve favorable results. Contact us to learn how we can fight for you.
