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Pets have taken center stage in many divorce cases and are sometimes caught in the middle of messy custody and visitation disputes between divorcing couples. However, in many states, pets are considered property and are treated as such by family law courts.
According to Albert Momjian, a Philadelphia law attorney and chair of the state bar association’s Animal Law Committee, many judges recognize that pets are a special part of the family, but the law still may not distinguish pets in the same way they do children.
“Every state will deal with the distribution of the pet as part of marital assets, but not many will deal with shared custody,” Momjian said. “If people can share a piece of vacation real estate at the shore, they can share a pet.”
However, more and more divorcing couples are forcing courts to see their pets as more than just a shared vacation home, bitterly fighting over pet custody and visitation rights.
According to a survey by the American Pet Products Manufacturers Association, there are currently 74 million pet dogs and 90.5 million pet cats in American households. With at least half of all marriages in the United States ending in divorce, these numbers could mean a greater risk for pet displacement.
When a household breaks up, a pet can wind up in another home or shelter. In some cases, divorcing couples can calmly come to a custody agreement or battle it out in court.
Stephanie Shain, outreach director of the Humane Society of the United States, said that animals suffer emotionally when families are torn. “The animal may go through a period of looking for the absent person and being sad they’re not there, but most can adjust.”
While the law is beginning to look at the pet issue as more than just marital property, many agree there is still a long way to go.
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