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Fighting over Fido: Pets in Divorce
Your spouse, your children and your beloved pets have lived together as a family for the last 10 years, but one of you has now filed for divorce. Who gets the kids? Who gets the wedding china? Who gets Fido? Obviously, every court in the country treats the custody of children differently than personal property. So where do pets fit in? Should companion animals be treated akin to children and custody/visitation determined by looking at the pets' best interest, or are companion animals no more than personal property to be distributed like pots and pans on divorce?
While animals are generally considered property for legal purposes, in the context of divorce, some courts have concluded that the unique character of companion animals sets them apart from “personal property,” entitling them to consideration of their best interests in determining with whom the animal should live.
Statistics alone reveal the importance of companion animals to American families (See William C. Root, Man's Best Friend: Property or Family Member? An Examination of the Legal Classification of Companion Animals and Its Impact on Damages Recoverable for Their Wrongful Death or Injury, 47 Vill. L. Rev. 423, 423 (2002).
- In the United States, there is nearly one pet for every two people.
- Approximately 124 million dogs and cats live in American households.
- In one study, 45% of dog owners reported that they take their pets on vacation.
- A recent survey revealed that more than half of companion-animal owners would prefer a dog or a cat to a human if they were stranded on a deserted island.
- Another poll revealed that 50% of pet owners would be “very likely” to risk their lives to save their pets.
In the context of divorce, courts are increasingly faced with the dilemma of how to treat pets. Courts across the country have come out differently on the issue. Some courts recognize pets' unique character and have awarded custody and/or visitation of pets between parties on their divorce, while other courts have refused to treat pets as anything other than personal property to be distributed. Pennsylvania's appellate court has gone so far as to invalidate a property settlement agreement between a husband and wife providing for shared possession of the parties' dog. DeSanctis v. Pritchard, 803 A.2d 230 (Pa. Super. 2002).
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