Pets a new bargaining chip in divorce

Children are not the only possible bargaining chip in a Wisconsin divorce. Sometimes, pets also become a pawn in the game of deciding who keeps what assets after a couple dissolves their marriage.

After all, most people become emotionally attached to their dogs, cats or other animal companions. In fact, a soon-to-be ex-husband or ex-wife might use the pet as a tool for extortion. For instance, he or she might try to fight for a furry friend they may not even want. Sometimes, they do this just so a spouse gives up some other valuable item, but how does this happen?

Well, spouses often negotiate possession of pets the same way they discuss ownership of a table, chairs, sofas, beds, coins or other objects. After all, the law usually considers animals pieces of personal property. Unlike in child custody cases, where the law requires that the best interests of the child be considered, the best interests of the pet may be ignored.

In most cases, the court probably would rule in favor of the original pet owner. However, the person who takes care of the animal and brings it to the vet for checkups might have some say in the matter. Otherwise, placement of the pet might depend on where the kids will live.

Another factor to consider is lifestyle. For instance, a person who travels all the time for business may have time for a dog, cat or other pet. Likewise, anyone who frequently reports to work on a moment’s notice might also not have the time to feed, groom or wash an animal. Therefore, the court may rule in favor of another person who stays home and has a more predictable work schedule.

Source: Forbes, “How Are Pets Handled In Divorce?“, Jeff Landers, April 17, 2014