When couples decide to divorce, one of the most emotionally charged issues can be determining who gets to keep the family pet. Often times, difficult decisions need to be made in the midst of a divorce proceeding regarding the “custody” of a pet.
In many states, including Minnesota, pets are viewed as property. The determination of pet custody in divorce cases involves several key considerations such as whether the pet is considered marital or non-marital property, who primarily cares for the pet, and whether there were any prior agreements regarding the pet. At Knutson + Casey, we understand that pets are more than just property – they are cherished members of the family. Our experienced Mank0 divorce lawyers are here to help with this emotional and delicate aspect of divorce proceedings.
Generally, if one spouse owned the pet prior to the marriage, they may have a stronger claim to keep the animal post-divorce. However, the court’s decision isn’t always straightforward. The first question a court will look at is whether the pet is marital or non-marital property.
Marital vs. Non-Marital Property
Marital property is property that is acquired during the marriage by either spouse, regardless of who purchased the property. Generally, marital property is subject to division between the spouses in a divorce.
Non-marital property is property that belongs to only one spouse and is generally not subject to division in a divorce. Non-marital property is purchased by one party prior to the marriage, was a gift to one party by someone other than their spouse, or was purchased with non-marital funds.
However, like other property, a pet can become marital property if marital funds are used to take care of the pet. This may include veterinary bills, pet food, or other expenses used to care for the pet using marital funds. The court will look at all the surrounding circumstances, but the use of marital funds is a factor courts will take into account in deciding custody of a pet during a divorce.
If a pet is considered marital property, courts look at various factors in determining who gets the pet in a divorce case, such as:
At Knutson + Casey, we’ll work with you to present a strong case for why you should retain custody of your pet. Our divorce attorneys can help gather evidence of your role as the primary caretaker, demonstrate your ability to provide a stable home, and showcase your commitment to the pet’s well-being.
Shared Custody of a Pet
In some cases, a shared custody arrangement may be the best solution. If parties cannot agree on who a pet should be awarded to, there are several options in how the pet can be “divided.”
If children are involved, the parents may agree that the pet follow the same parenting time schedule as the child which allows both parents to maintain a relationship with the pet. If there are no children involved, the parties could agree to retain “joint custody” of the pet and create a schedule for the pet to spend time with each party.
If parties cannot agree on how to “divide” a pet, the decision will be left to a Judge who will look at many factors including, but not limited to, which party primarily cared for the pet, which party has more of a bond with the pet, and whether a child would be affected by awarding custody of the pet to one spouse or the other.
Pre-Existing Agreements
It’s important to note that having a pre-existing agreement can simplify pet custody disputes. Pre-nuptial or post-nuptial agreements may include clauses that address pet custody. Having an agreement like this in place can simplify the process should a divorce occur in the future. These agreements will be enforced so long as the court deems them fair and reasonable.
If you’re not yet married but concerned about potential future conflicts, the divorce lawyer at Knutson + Casey can help you draft a “pet prenup” to outline custody arrangements in case of a split.
In the end, where your pet ends up will be determined based on a variety of factors.
Don’t leave your pet’s fate to chance in a divorce. Hire the compassionate and experienced divorce attorneys at Knutson + Casey to advocate for your rights and your pet’s best interests. Contact Knutson + Casey today to discuss your case and explore your legal options. Reach us at (507) 204-3443 or through our contact form. We’ll work tirelessly to help you navigate this challenging process and ensure that your furry family member ends up in the best possible home.
Knutson and Casey Expert Legal Team
October 23, 2024
At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.