Divorce attorneys often represent clients who are concerned about what will happen to their beloved pets after the marriage is dissolved. After all, most pet owners consider their four-legged friends to be treasured family members. In the eyes of the law, however, pets are viewed as personal property. To better understand this subject, here’s what divorce attorneys want you to know about what happens to pets in a divorce.

What Factors Should You Consider?

Since the law sees pets as property, companion animals are subject to distribution just like any other type of property in a divorce settlement. The judge who is hearing your divorce will take into account a number of factors when awarding ownership of the pet in question. If, for instance, one spouse acquired and cared for the pet as a single person before the marriage occurred, that spouse might be given the pet in the divorce. But other considerations also play a role in a judge's decision. Who primarily cares for the animal? Since children often have close relationships with family pets, which parent will the kids be living with after the divorce? Which spouse has a lifestyle more conducive to caring for an animal, with plenty of time for one-on-one attention and daily exercise? These are all questions the courts will ask to assign the most appropriate home for the animal.

What About Breeding & Selling Pets?

One situation divorce attorneys sometimes encounter—a situation where this issue gets even trickier—is when a married couple has a business breeding and selling pets. In this scenario, the pet is treated less like property and more as a business asset. Business assets are often subject to equitable distribution in a divorce, and a value is assigned to each asset to ensure a fair division. Purebred animals can have extremely high monetary value so that will surely be figured into a judge's decision when determining which spouse gets which pet.

Knowing some of the key factors that affect animal ownership in a divorce will help you prepare the family for any pet-custody changes that may be forthcoming. The divorce attorneys at Coyne, Cundiff & Hillemann, P.C., are here to help. With more than 75 years of combined experience, they represent St. Charles County, MO, in family, personal injury, and criminal law cases. Call (636) 561-5599 or visit them online to schedule a free consultation.