Pets and Divorce?

How Does Michigan Divorce Law Handle Pets?

In Michigan, divorce law does not regard pets in the same way as children. Courts do not grant “custody” of pets in divorce. Instead, pets are treated as property under the law. If a pet is considered marital property, the court may include it in the equitable division of the marital estate. However, spouses can determine pet ownership through a property or divorce settlement agreement, which the court can incorporate into the divorce judgment.

Possible Animal Custody Arrangements in Divorce

Animals may experience stress if they lack a stable living environment, making it difficult to alternate "custody" of a pet between divorced spouses as they might with children. Consequently, one spouse typically retains the pet permanently after the divorce. However, if a divorced couple has young children, they might decide to include the family pet in the custody exchanges, particularly if the children are emotionally attached to the pet. A cherished pet can help children view both parents' homes as "home."

Strategies for Retaining Custody of Your Pet in Michigan

While Michigan doesn't formally recognize "pet custody" and considers pets as property in divorce proceedings, there are strategies you can employ to improve your chances of retaining your pet. Firstly, you can gather evidence to show that your pet is your separate or non-marital property. For instance, if you owned your pet before marriage, inherited it during the marriage, or received it as an individual gift (not a joint gift with your spouse), you can argue that the pet should remain your separate property.

If you and your spouse acquired the pet together during the marriage, you might negotiate with your soon-to-be-ex regarding who will keep the pet post-divorce. Certain factors, such as having primary custody of your children, might strengthen your case for keeping the pet, as neither you nor your spouse may want to separate the children from a cherished pet. Alternatively, having a beloved pet can help mitigate the emotional impact of not having primary custody of the children.

Possible Pet Custody Arrangements in Divorce

Since animals can experience stress without a consistent living situation, transferring “custody” of a pet between divorced partners, as with children, can be difficult. Consequently, one spouse typically retains the pet permanently after a divorce. However, if the divorced couple has young children, they might decide to include the family pet in the custody exchange, especially if the children are emotionally attached to it. Having a cherished pet present can help children feel at home in both parents’ residences.

Trusted Divorce Attorneys in Michigan

If you and your soon-to-be ex-spouse have a pet, figuring out who gets it in divorce can quickly become a legal battle. Turn to trusted Michigan divorce attorneys with Marke Gilbert and Associates to learn about your rights and options in pet custody. Contact us today to get started with a consultation.Trusted Divorce Attorneys in Michigan