People preparing for divorce often have questions about what may happen during and after the divorce process. Parents may worry about custody of their children, while business owners may worry about the equity accrued in their companies or professional practices.
For those with pets, concerns about the future of their animals are often a top consideration prior to divorce. Pet owners love their furry companions and may worry about what may happen to their pets during a divorce. What is the standard approach to addressing pets during divorce proceedings?
The courts treat pets as property
Spouses very likely view their pets as part of their family. They may celebrate their birthdays every year and give them holiday gifts. They may even plan vacations at specific destinations with pet-friendly resorts or hotels. Unfortunately, the courts currently do not treat pets as part of the family.
Instead, they are part of the marital estate. They are assets that represent a fixed value. The judge addresses the pet as part of the overall property division process. They do not enter an order of shared pet custody but instead allocate ownership to one of the spouses. While Pennsylvania lawmakers have proposed a bill that could change this system, it has yet to make its way to a vote.
Spouses can reach their own arrangements
As is true of any other aspect of divorce, people worried about protecting their pets when they end a marriage can cooperate in pursuit of a specific outcome. Divorcing couples have the option of agreeing to shared pet custody or pet visitation arrangements.
If they have children, for example, the family dog might travel between the parents’ houses based on the custody schedule for the kids. If one spouse has a demanding career, the other might agree to watch the pet when they work overtime on the weekends or travel for their job.
It is always possible for couples to establish terms on their own that the courts generally would not hand down in a litigated divorce. Many people have to make difficult concessions during divorce proceedings, including giving up time with companion animals.
Understanding how the courts approach pets and other complicating factors during preparation for the divorce process is important for divorcing couples. Shared pet custody is unusual and is not an option in scenarios involving litigated divorce proceedings.
