When Couples Split Up, Who Gets the Family Pet?
by Jim Siemens
Many people consider their dog or cat part of their family, and the idea of being separated from their pet due to divorce can be a genuine concern. That is why disputes over who keeps the family pet are so common when spouses separate.
Under North Carolina law, animals (including domestic pets) are classified as “personal property,” a category that includes inanimate objects, such as furniture, electronics, or vehicles. If the court is tasked with distributing a domestic pet or other animal in an equitable distribution proceeding, the animal would be subject to valuation and distribution, the same as any other marital asset. The value of the animal is based on the fair market value. Unless the animal is a special breed or a show horse, most domestic animals have little fair market value. In distributing a pet as part of an equitable distribution proceeding, a judge would likely consider which party is best able to provide for the needs of the pet and which party is most closely bonded with the pet.
North Carolina courts do not have authority to enter orders that provide for “pet custody” or visitation in the same manner as a child, or to require a party to provide financial support for the benefit of the pet. However, if both parties want to establish custody and/or visitation of a pet, they have another option. They may choose voluntarily to enter into a written agreement that provides for custody and visitation of a pet, and even specifying the financial responsibility each party has for the pet’s expenses, much like custody and support of a child. Such an agreement would function like a parenting plan for a child, but it would apply to the pet. A valid written agreement could be legally enforced as a contract.
“Pet custody” may seem like a small matter in the context of divorce, but for people who see their pet as a member of their family, it can be a big deal. No matter how simple or complex the issues in your divorce, the attorneys at Siemens Family Law Group have the knowledge, experience, and resources to help you resolve your matter as effectively and efficiently as possible. We understand that divorce involves more than just assets; it involves people—and sometimes the pets they love. Contact us today to see how we can help you in your domestic case.
This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.
About the Author
Jim Siemens is a family law specialist and family financial mediator practicing in Asheville, North Carolina. Jim has twenty-seven years of trial experience, including over a decade as a family law specialist. Learn more about Jim Siemens