You have probably heard the term “staying together for the kids,” which refers to married couples who want to divorce but stay married to not disrupt their children’s lives. It is not unusual to also feel this way when it comes to pets.
For many of us, pets are like our children. They are our companions and our care for them provides them with a safe and comfortable life.
The thought of losing a pet because of divorce can cause you stress and fear. Knowing what happens to pets in a divorce and what to expect can make it easier to file for divorce if you are ready.
The legal status of pets
Michigan law does not treat pets like children. Courts do not award “custody” of pets. From a legal standpoint, pets are considered personal property.
Marial property is divided equitably in a Michigan divorce. Marital property is property that is acquired during marriage, with some exceptions.
A pet that you owned before your marriage could be viewed as separate property, but if it lived with you and your spouse and your spouse cared for the pet or paid money towards the pet, such as purchasing pet food or taking the pet to the vet, your pet is likely to be viewed as marital property.
You and your spouse are always free to agree on what happens to your pets. You can agree that one of you keeps the pets, that the pets are split between the two of you or to share custody of the pets between the two of you.
Sharing custody of pets post-divorce can be challenging. It forces you and your spouse to stay in communication with each other and can be stressful on the pets.
Tips for keeping your pets with you
If you cannot agree, a court will decide who keeps the pets. Evidence showing that you obtained the pets prior to marriage, that you are the pets’ primary caretaker or that the pets have a stronger bond with you increase the chance of a court awarding the pets to you.