You’re getting divorced, and you and your spouse can’t agree on who gets your pets. What do you do? In New York, a law passed in 2021 changed how courts handle this issue, treating pets more like children and less like property. However, it creates another area of contention that can possibly delay the divorce. Before you litigate, here are some things you should know.
New York Law on Pets in Divorce
Prior to 2021, pets were treated as property. Whoever acquired the pets before marriage, got to keep them. If they were acquired during the marriage, they were marital property and one spouse either had to buy out the other one or they figured out how to share.
Since the new law went into effect, courts are required to consider the best interest of a “companion animal” when awarding possession in a divorce or separation proceeding. A “companion animal” is defined as any dog, cat or other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. It does not include a “farm animal.”
In determining what is in the best interest of the pet, courts have considered various factors, including:
- The involvement, or absence, of each party in the companion animal’s day-to-day life;
- The availability and willingness of each party to care for the companion animal;
- Each party’s involvement in health and veterinary care decisions;
- The quality of each party’s respective home environment;
- The care and affection shown towards the companion animal; and
- Each party’s fitness and caretaking abilities.
None of these factors individually is dispositive.
If there is a dispute, you want to provide evidence that you’ve been the one primarily responsible for caring for your pet (feeding, grooming, walking, going to vet appointments, etc.), and you have a stronger emotional bond. You also want to show that you have the financial ability to pay for your pet’s care and have an appropriate home environment that is safe and stable, in addition to having enough space. If you have children, the relationship between your children and pets, and in what home they spend their time, is also relevant.
Evidence in your case may include photos, videos, receipts, veterinary records and testimony.
Resolving Disputes
It is recommended that couples try to settle pet custody on their own. The law is still relatively new, and how a court will decide is uncertain and very fact-sensitive. Litigating the issue is risky and will prolong the case and make it more expensive.
If you are considering divorce, contact us to discuss how we can help you get the best outcome in your case.