At Alward Fisher, we know that pet owners treat their furry friends with the same love, respect, and care they give other beloved family members. While child and pet custody during divorce are two different legal issues, they are both complex and stressful for many couples during a divorce.
Do Michigan Courts Treat Animals Like Children When Determining Custody?
Michigan views pets as “property”. That means they might have to go through asset division like furniture, vehicles, or joint bank accounts. A court must divide assets based on what is fairest to both spouses. They could also consider the following:
- When the couple gets the pet– A court will consider whether a pet is one spouse’s separate property or marital property both spouses own.
- The “value” of the pet– The court could award a pet to the spouse in the best financial position to take care of it. Note that the law does not require a court to decide in the pet’s best interest, as would be the case with child custody.
- Prenups and postnups– The court will usually honor these agreements so long as they follow the law.
What Happens If My Ex Bought the Pet for Me as a Gift?
The short answer is that it depends. Gifts given from one spouse to another are typically considered marital property and subject to division. However, courts will often place a shared pet with its primary caregiver.
What If I Brought the Pet into the Marriage?
If you owned the pet before getting married, a Michigan divorce court would typically consider it your separate property and allow you to keep it. But even if you brought a pet into your marriage, your spouse could have contributed to its care. In this case, the court could consider it to be “commingled” property and subject to division.
Tips to Discuss Pet Ownership with Your Ex
Communication with your soon-to-be-former spouse is vital when determining custody of dogs and other pets. Here are a few tips to keep in mind:
- Consider your children– Children receive unconditional love, support, and a sense of stability from their pets – and vice versa. It’s often in the best interest of your children that pets follow them. Because courts make custody decisions based on the child’s best interest, they will likely factor this in too.
- Discuss veterinary care– If you and your spouse agree to have “joint custody” of a pet, negotiate an agreement where each person pays a share of veterinary costs. You should also negotiate limits on how far treatment should go if your pet develops a severe medical issue.
- Discuss the pet’s bonds– It’s no secret that pets often pick a favorite owner. If you have multiple pets, they might also be best friends with each other. If it’s financially feasible, a pet should stay with the spouse they bond with most and the other pets they’ve befriended.
Contact a Northern Michigan Pet Divorce Lawyer
If you’re going through a divorce that involves pets, contact the Traverse City divorce attorneys of Alward Fisher today. We have the tools and team of an elite practice but strive to maintain the accessibility and community pride of a small-town firm. Let us put our century of combined experience to work on your case. To learn more about pets and divorce in Michigan, reach out today for a free consultation.
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At Alward Fisher, we provide more than savvy legal representation. We provide peace of mind. Peace of mind for your business. Peace of mind for your family. And the peace of mind for your future. No matter what types of legal challenges you are facing, we can help you find solutions.