Many people treat their dogs like children. We buy them toys, dress them up, take them to the doctor, drop them off at “daycare” while we’re at work… But what happens to this part of your family when you’re getting a divorce? You can sell your home or car and split the money equitably, but that doesn’t usually work when it comes to the family dog.
If you’re both invested in the dog’s welfare, able to care for it, and want it, how is a decision made? Studies show that in 38% of divorce proceedings, neither party is willing to give up their dog. But even though we consider our fur babies family, the judge will likely treat your pet as property.
Who Gets To Keep Scruffy in a Divorce?
Most states don’t have pet custody laws, and most judges are going to consider the dog as legal property rather than considering the dog’s best interests when they award ownership. (They’re not heartless, it’s just the law!) The law states that they should treat your pup exactly as they would an expensive TV or car.
That’s why our advice to people is usually to settle your doggie custody battles out of court. The last thing you want is for the judge to order you to sell the dog and split the proceeds! If you simply can’t figure out who the dog should belong to together, you can hire a third-party mediator or have your divorce attorneys help you negotiate and settle.
In some cases, one spouse may have brought the dog to the relationship. And although you may be convinced you love the dog more, it may be best to let that spouse keep the animal. But we know it’s not always that simple. Maybe they bought the dog—but it was for your birthday, or maybe you’ve been caring for the animal for the past few years of your separation. Whatever the circumstances, remember that living with either of you is likely better than having to find a new home.
The ASPCA reports that family disruptions like divorce are responsible for 27% of pets who are given away or rehomed. Obviously this is the last thing you, your ex, or your dog want to happen. Many couples have tried to get around this whole mess by sharing their dog after a divorce. But the success of that scheme depends completely on how close you live, how well the animal travels, and your ability to get along with your ex.