Whether you are going through a divorce or simply calling it quits with a significant other, it is likely your household owns a family pet. According to a survey conducted by National Pet Owners in 2019-2020, approximately sixty-seven percent of U.S. households, or about 85 million families own a pet.
Pets Are Personal Property
In Tennessee, the law treats pets as personal property. Currently, there are not laws in Tennessee that permit custody fights over the household pet(s). In a divorce proceeding pets are essentially divided in the same manner as furniture, cars, cash, and other personal property.
Equitable Distribution of Marital Property
When dividing personal property in a divorce proceeding, the courts will make an equitable distribution of marital property. Marital property is property that is acquired during the marriage - this does not include property acquired before the marriage or after the parties separate. If one spouse owned the pet(s) prior to marriage, then that spouse should be able to keep the animal(s).
Since a pet is viewed as personal property the court will make an equitable distribution as to the household pet(s). The court is not going to split a pet down the middle to give both parties a piece of the animal; instead, the court will award one party the family pet(s). The court will look to the role each spouse plays in taking care of the pet when making a determination. Some factors the court consider when making a decision are:
Ownership - did one spouse own the pet(s) prior to marriage or did the pet(s) come into the family after marriage?
Which spouse takes care of the pet(s)? (i.e. vaccinations, feeding, cleaning, walking)
Which spouse pays for the pet(s)’ shelter, food, and medical needs?
Which spouse has primary custody of the children?
Which spouse has the best residence to house the pet(s)?
How Can You Ensure You Are Awarded Ownership of the Pet(s) Prior to Divorce?
One way to protect your ownership of pet(s) is to include your pet(s) in pre-nuptial agreement or when making a post-nuptial agreement stating what happens to your pet(s) if you and your spouse divorce.
Another way is to create an informal pet agreement, essentially a custody agreement between you and your spouse with regards to the pet(s). A joint custody agreement will allow both spouses to equally contribute to the well-being, financial responsibility, and care of the pet(s) without either spouse having to forfeit ownership and/or visitation of the pet(s). In some cases a spouse will choose to retain full custody but to allow the other spouse the ability to care for the animal when going on vacation and/or extensive travel or allow the other spouse visitation from time to time with the pet(s).
Do You Need an Attorney?
If you want more information on ways you can protect ownership of your pet(s) prior to divorce or if you are experiencing a divorce and would like me more information on how to ensure you are awarded ownership of the pet(s) please contact us. At Cotter Law we will provide compassionate yet aggressive representation. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an attorney.