The Rise of 'Petnups': Addressing Pet Custody in Divorce Settlements

These days, the family pet is not just there to do a job, they’re a bonafide family member. Everyone can get attached, and when divorce splits a family apart, pets may get caught in the crossfire. The collaborative divorce lawyers at the Law Offices Of Cara L. Santosuosso, LLC understand how important your family pets are to you and your children. How can you ensure that your pets will always be cared for in the event of a divorce? 

What Is A ‘Petnup’?

Also sometimes referred to as a pet prenup or a “pup nup,” this term that mirrors the common pre- and post-nuptial agreements is the same type of arrangement, just one that specifically addresses the family pet(s). So instead of deciding who gets business shares or various items of personal property in the event of divorce, a petnup determines the care and housing for the family pet.

To those who do not own a pet or those who have never had an emotional bond with a pet or seen their children have such a bond, questions over pre-nuptial agreements surrounding pets can initially sound trite or childish. However, how the pet’s custody is handled can have a lasting impact on everyone involved in the divorce–both people and pets. With a petnup in place, a divorcing couple can bring clarity and security to what could otherwise be a fraught, divisive, and dispute-laden topic.

The issues that can be resolved or dealt with in a petnup can include:

• animal custody
• financial responsibilities for pet care
• visitation rights
• ensuring the pet's day-to-day health and well-being

Establishing guidelines and agreed-to routines can help to reduce conflict in what is generally an emotionally challenging time. Petnups also ensure that a pet is not overlooked when the divorcing couple is considering how to divide assets and handle shared parenting responsibilities. Clarity and certainty can be hard to come by during divorce, but working with an experienced divorce attorney in Cleveland ensures that everyone’s rights–including those of your feathered, scaled, and furry friends–are protected and preserved.

Pets And Divorce In Ohio

With more and more couples forgoing having children and adopting a pet, both now and especially during the pandemic, it is only natural that the American Academy of Matrimonial Lawyers reports a 27% increase in pet custody disputes in recent years. Gray divorces are also a contributing factor to disputes over pet ownership–children have started their lives and moved out, but pets remain. Courts in most states view pets as mere property, as much as they do a toaster or family car. So when marital assets are divided by a judge, the party who paid for or adopted the pet is likely the one to retain ownership of the pet after the divorce. Other criteria may be who has consistently paid for the pet’s care or who is seen as being the pet’s primary caregiver. It really can be that cut and dry. 

Managing Pet Ownership In Divorce

Ohio does not currently have pet custody laws, and pets are considered to be property. However, regardless of how courts view pets, pet owners know that pets are so much more than an intangible object that is purchased or owned–they have distinct personalities and the ability to bond deeply with family members. Drastically altering a pet’s living arrangements, routine, or ripping them away from the people they have bonded with can result in declines in health and can cause negative behaviors that could eventually lead to the pet being surrendered. If there are children involved, separating them from a beloved pet could compound their trauma surrounding the divorce and make the situation so much harder for everyone involved.

If you are already married and considering divorce, but are worried about the outcome of your family pet(s) in a court trial, alternative dispute resolution options, such as mediation or collaborative divorce, are good alternatives to litigation and ensure that everyone’s viewpoints are heard and respected. Your mediator can help you to develop and enact custody arrangements for your pet that take everyone’s feelings into account and that ensure the pet’s wellbeing. 

The Value Of ‘Petnups’

Since pets are seen as property, there are next to no protections for them in the divorce courts, and it is generally up to the judge to decide who retains ownership of your pet if your divorce case ends up going to trial. For this reason, the petnup was born. Just as pre- and post-nuptial agreements give clear guidelines regarding the division of business ownership and other assets, petnups can help to ensure that the best interests of the pet are considered in the case of divorce or dissolution. While a judge may be able to determine some aspects of a case, the day-to-day care of a pet is a more intimate level of knowledge that is best outlined ahead of time. These documents can be drafted either before or after marriage, and once agreed to by both parties, they are not necessarily binding, but they do give clear, advanced evidence of your intentions. Should your divorce case end up in court, a petnup can offer the judge clarity and have an effect on court proceedings.

A collaborative divorce lawyer can help you to draft a petnup that takes into account issues like financial responsibility, visitation, and custody rights. If you or your children are particularly bonded with your pet, then drafting a petnup can ease your mind should your marriage end up not working out. If you are already in the midst of divorce and pet custody is a potentially contentious issue, then a collaborative divorce lawyer is your best advocate to ensure that your pet’s welfare is top priority. If you also have children and will be sharing parenting responsibilities, it may be worth considering incorporating child custody arrangements along with pet visitation. A child custody attorney can assist you in drafting the necessary documents, and a trained mediator can help you to keep this decision under your family’s control and out of the court. 

More often than not, shared pet custody is not feasible, due to pets’ territorial nature and inability to understand the situation that they are in. The stress of regularly moving and upsetting their environment can have a detrimental effect on their health, and each pet can react differently. When you work with an experienced collaborative divorce lawyer in Cleveland, like the Law Offices Of Cara L. Santosuosso, LLC, they can bring in pet health experts to weigh in if need be so that your decisions are well-informed and focused on your pets’ best interests. Having arrangements in place ahead of time means that whatever your future brings, your beloved pet will be taken care of.

Work With A Collaborative Divorce Lawyer In Cleveland

Pet ownership brings plenty of joy, but it can also bring unwanted strife and pain if your pet becomes needlessly embroiled in a divorce dispute. You don’t plan to get divorced, just like you don’t plan to claim on your insurance policies, but without a safety net in the background, life can be unnecessarily stressful and worrisome. By laying out a plan for how you’d deal with your pet’s care in the event of divorce, you can have peace of mind, knowing that they will always be well cared for.

We hope that you won’t need the services of a divorce attorney, but if you do, you won’t find better advocates than the experts at the Law Offices Of Cara L. Santosuosso, LLC. Ending a marriage can be painful and complex, but with a solid advocate on your side, you can achieve the best outcome possible. Reach out and contact us today to learn more about our suite of services, or schedule your consultation online.