How Are Pets Classified in a Divorce

Pets, regardless of the type, are classified as property in a divorce scenario in Michigan.

Pet Custody

Since Michigan courts classify pets as property, they will not enter orders regarding pet custody in a contested divorce. The court will simply award a pet to one party. There could be a scenario in which a family has multiple pets, and the pets are split between parties. However, the court will not enter an order for the parties to transfer one pet back and forth in a custody arrangement.

If parties to a divorce are amicable and wish to exercise a sort of pet custody arrangement, they may do so but must agree upon all aspects. The court will not entertain a pet custody dispute.

Who Pays for Pets During a Divorce?

Sometimes parties will need to temporarily allocate marital expenses between the two of them while a divorce is pending, especially when they are living separately. Payment for pet expenses is the same. This can be done amicably through a temporary agreement, or either party can seek a temporary order from the court regarding the allocation of such expenses.

Who Pays for Pet Expenses After a Divorce?

Just as a party would be financially responsible for a house, car, or credit card they are awarded in a divorce, they would also be financially responsible for any animal allocated to them. This includes, but is not limited to, veterinary bills, toys, food, medications, and pet insurance. Whichever party is awarded the family pet(s) in a divorce is the party who will ultimately be responsible for the costs associated with that pet.

Disputes Regarding Pets

The court can consider multiple factors when deciding which party to award a pet to in a divorce. Because the allocation of an animal is part of the full property division consideration, the allocation must be equitable. If the parties have a Prenuptial Agreement, it is possible they entered agreements that will control where a pet will go post-divorce. The court will consider whether the animal was acquired before the marriage by one of the parties or during the marriage together.

In Sparks v. Sparks, 440 Mich 141, 485 NW2d 893, the court outlined a number of factors to consider when deciding the equitable division of an estate, including:

• Length of marriage
• Each party’s contribution to acquiring the estate
• The parties’ respective ages, health, and lifestyle
• Each party’s current needs
• The earning capacity of each party
• The parties’ relations and conduct during the marriage
• General principles of equity

Additional factors relevant to pet allocation may include the parties’ living arrangements post-divorce, the ability to financially support the animal, and the time available to devote to the animal. Many people consider pets to be part of their family. Loss of a pet through divorce can be incredibly emotional.

Contact McKinney Vos for Assistance with Pet Custody

Contact McKinney Vos today for a free consultation with our Michigan family law attorney to discuss your specific concerns with your family pets during a pending divorce.