Pets: Property or Part of the Family?

Divorces are usually an emotional roller-coaster for both parties. Not only are the parties parting ways, but they might also be parting with property. But what happens when that “property” is part of the family?

Family units keep evolving and therefore so should the law. More and more couples opt for pets instead of children or pets first, then maybe children. These pets then become part of the family or are seen as an additional child. But if this pet is more than just “property” what happens to it during a dissolution of marriage? There is not a Suit Affecting Parent-Child Relationship (“SAPCR”) for pets like there is for children. So then how do you “split” a pet when both parties have an interest in keeping it?

There are currently, 3 states in the U.S. that have adopted custody laws that allow judges to consider the best interest of the animal. This means that judges in Alaska, Illinois, and California won’t simply consider the pet a piece of property any longer but may determine who can keep the family pet. Animals feel pain and love and as such should have their best interest taken into consideration. When making a decision, judges may take into consideration factors that could affect the welfare and well-being of the pet such as who cares for, trains, walks/plays with it, and whether one neglects or even mistreats the animal. There are also protection orders, commonly used in domestic violence cases, that can be put in place while the divorce is pending.

Current California law AB 2274 was signed on September 27, 2018 and went into effect on January 1, 2019, specifically, it provides for joint custody of pets. Before, animals were not treated differently than inanimate objects, but AB 2274 now differentiates companion animals from other types of property. Although these animals are still classified as personal property, California law is adapting to the way people view pets as family. Would this then mean that in the future enforceable pet support and medical support and decisions could also be in play?

It is likely that these states will provide guidance and encouragement for other states to incorporate similar laws involving the best interest of pets. Unfortunately, the current laws only apply to divorce proceedings and not to roommates.

Once an animal is welcomed into a home and becomes part of the family, it is difficult for someone to accept that they might have to part ways from it. Families build meaningful relationships with pets that should be taken into consideration during the dissolution of a marriage. Family units keep evolving and therefore so should the law.

Written by: Jaqueline Obregon