Pets and Divorce

The New York Times published an interesting article about the fate of pets in divorce proceedings, Following Alaska's recent enactment of a statute guiding the custody of pets in divorce, Rhode Island now has pending legislation requiring the court to  “consider the best interest of the animal” in a divorce or separation. See: https://nyti.ms/2nGCQm7

Alaska requires the well being of the pet to be considered in divorce

Washington Post reports that Alaska has become the first state to require courts to take into consideration the well being of the animal in divorce.  Judges now have the power to award joint custody.  This is truly ground breaking because all other states treat animals in the same way furniture is treated, and pets are simply part of the property distribution.  We hope more states follow suit. 

Pre-Nups Should Include Pets

The Boston Globe reports that disagreements over pet custody are on the rise. Approximately 27% of divorce lawyers surveyed have seen an increase in pet custody fights over the last five years.   Because the law considers pets property, in the event of a divorce, courts do not consider what is in the best interest of the pet.  It just does not matter who spent more time with the pet or who took more responsibility.  Some courts require the litigants to negotiate a resolution, making the animals easy fodder for emotional manipulation. To avoid this heartache, you can create a prenuptial agreement to cover your four legged family members.  This terms of the document will be enforced in the event of a divorce.   One person quoted in the article stated  “If somebody wasn’t willing to sign one, they’re probably not the best person for me.”