When a couple divorces, who gets to keep the pet?
Pet “custody” is a common concern during divorce. Many people consider their pets an essential part of their family. However, under Washington law, pets are not treated like children in a custody case. Instead, they are legally considered property and are subject to the division of property process during divorce, either through settlement negotiations or in court.
We know how deeply most people care about their pets, and it can feel unsettling to think of them as “property” during a divorce. While this legal framework can feel cold, your love for your pet is real, and you can work with your divorce attorney to advocate for an arrangement that keeps your pet’s well-being and your bond with them in mind.
What happens if we disagree on who keeps the pet?
Pet ownership disputes are often settled outside of the courtroom through negotiation or mediation. For example, spouses might work out a financial arrangement where one spouse pays the other to relinquish their claim to the animal.
Some couples decide to share ownership of the pet and create an agreement detailing when and where each party will care for the pet after the divorce. It’s important to note that, unlike child custody agreements, shared pet custody arrangements may not be legally enforceable after divorce. If you are considering such an arrangement, discuss enforceability with your attorney.
How the court determines pet ownership in a divorce
If spouses cannot agree, the court will decide who keeps the pet. Courts may consider factors such as:
- Who purchased or adopted the pet
- Who pays for the pet’s expenses
- Who primarily cares for the pet
- The pet’s monetary value
- Whether there is a bill of sale or adoption/purchase contract
- Which spouse the pet is registered to
- Vet and microchip records
- Whether the pet was a gift
- Which household the pet primarily lives in
If one spouse owned the pet before getting married, the court will likely award possession of the pet to that spouse. However, some courts are more aware of the special bond between a pet and its owners and may consider which spouse has the strongest connection to the pet. Often, the pet is granted to the spouse primarily responsible for its care. If there are children involved who have a close relationship with the pet, the judge may decide to award the pet to the household where the children reside most of the time.
On the other hand, some courts may only require the source and date of payment for the pet to determine which spouse will receive ownership.
Work with an attorney to protect your relationship with your pet
Navigating pet ownership during a divorce can be overwhelming, especially when conflicts arise. A knowledgeable divorce attorney can help you understand how the law applies to your situation while working toward solutions that reflect your priorities and your pet’s well-being.
If you are considering divorce and worry about keeping your pets, please call us at (888) 337-0258 or complete our online form to schedule a consultation.