People love their pets and emotional support animals, and they often treat them like a part of the family. When going through a divorce, you must consider what happens to your pets and what they are considered in the eyes of the law. You might wonder if pets are considered property or if they are like children who are subject to custody laws.
What Happens to Your Pets?
The answer varies by state. In some places, like California, decisions are made in the best interest of the pets. However, in Arizona, pets are considered to be property. Arizona is a community property state, so we look at Arizona Revised Statute section 25-318 for guidance.
This means that if the pet or emotional support animal was bought during the marriage, it belongs to the community. This is true even if you were the one who went out and purchased the pet and cared for it the entire time. Technically, it will be community property . You would need to put a value on the pet. This is difficult because they are worth more than the price you paid. There is an emotional bond that has no dollar amount.
Even though pets are considered property, you cannot divide a pet the same way you would other items. If you have a couch and you and your ex cannot determine what to do with it, a judge might order you to sell the couch and split the profit. However, the judge will not order you to sell your pet.
Companion Animals and Emotional Support Animals
Instead, the pet is considered an item that will be allocated to one spouse or the other. Many factors are considered when trying to value a companion animal. Couples often fight over who needs to pay for needs like food, medication, and grooming. It can cost a lot of money each month to properly care for a pet.
Couples often treat a pet more like a child than an asset. While a judge will not order a custody arrangement, you and your ex can come up with agreements for sharing the animal and sharing expenses. If you agree to share expenses and time with the pet in your divorce decree, you are bound by that, and it can be enforced.
What about emotional support animals? One spouse might have a closer attachment to the animal than the other. In those cases, one spouse could try to use the animal as leverage. They might make a claim to the pet so they can have a stronger position when they are trying to negotiate. They might also do this out of spite if they are upset with their ex.
You may want to talk with a physician about getting a prescription for an emotional support animal. If you have this, it can help your ownership claim when you are going through the divorce. It is more likely that the judge will grant the animal to you since it is something you need medically. If you expect a fight or that your ex might try to use the pet as leverage, getting a prescription is a good idea.
Splitting Custody of the Animal
As mentioned, a judge in Arizona is not likely to order custody for a pet. It will go to one party or the other. However, you can always talk with your spouse about the possibility of sharing custody and having it added to the division of assets section of your divorce decree.
There are two main reasons why you might want to consider this type of setup:
- Protecting Human and Animal Bonds: If both you and your ex are attached to your pet, you might want both of you to see the animal. Pets also form attachments to their owners. You might want your dog to see your ex so they can continue experiencing activities like hiking or going to the park.
- Supporting the Children’s Routine: In Arizona, child custody is usually 50/50. If you have a family pet, and only one parent has the dog, it means the dog is away from the kids half the time. By sharing custody of the dog, the kids will have their dog, and the dog will have their kids. This is often a better solution for the happiness and health of your children and your pet.
Ideally, you and your ex will be able to work out an arrangement with your pets that satisfies both of you and is in the best interest of the pets. The pets should not have to suffer just because you and your ex are no longer together.
Work with an Attorney that Understands
When you are going through a divorce, you do not want to try to handle it all on your own. It is a lot to manage, and you need someone with the experience to help you make it through. If you have a pet, you should work with a divorce attorney who has helped people keep their pets and who understands how important your animal is to you.
Your relationships with your pets and emotional support animals are deeply important. Even though Arizona law treats animals as personal property, you still have options to protect that bond. By gathering your care records, obtaining proper medical documentation, or working out a shared agreement with your ex, you can find a solution that protects your animal. Our legal team is ready to help you look at your options and protect your rights. Contact Modern Law today to speak with a lawyer about your case.
