Pets as property in divorce proceedings

Wisconsin residents who are going through a divorce with pets involved may be wondering what rights they might have regarding the ownership and custody of those pets. According to the law, a pet is a piece of property just like any other possession.

However, the way pets are handled in a divorce varies among judges. Some judges are starting to recognize that people view their pets as more than just property and act accordingly. They may award the pets to the person who has been their main caregiver and to whom the pets are most bonded.

Some judges remain unsympathetic to the plight of divorcing pet owners. In order to retain pet custody after a divorce and avoid unnecessary emotional trauma, individuals concerned about the fate of pets they are bringing into a relationship may wish to include the pet in a prenuptial agreement. Postnuptial agreements can also be arranged for pets that couples obtain after the marriage.

Individuals should also be aware that beloved pets may sometimes become the targets of domestic violence. One woman spent three years fighting for custody of her dog, and six months after the three-day trial that decided the case, the dog died. The woman’s attorney has alleged the death was suspicious.

In 2013, a New York court made state judicial history by permitting a couple the right to oral arguments regarding pet custody, though the case was ultimately settled out of court. With the laws around pet custody uncertain, pet owners may wish to consult an attorney regarding their pets before, during and after marriage.

Source: The Daily Beast, “Divorce Is Going to the Dogs, Literally“, Keli Goff, June 20, 2014