How Are Pets Handled In A Minnesota Divorce?
How Pets Are Treated in Minnesota Divorces: Understanding the Legal Landscape
When a marriage ends in divorce, there are many important issues to address—child custody, spousal maintenance, and property division, just to name a few. For many couples, however, one key issue that often takes center stage is what happens to the family pet. As more and more couples see their pets as family members rather than property, disputes over who will keep the pet after a divorce have become increasingly common.
In Minnesota, as in most other states, pets are technically considered personal property. However, the emotional attachment that many people have to their pets can make these decisions more complicated.
Pets as Property in Minnesota Divorces
Under Minnesota law, pets are considered personal property, which means that they are subject to the same property division laws that govern other marital assets. This can be surprising and even upsetting to pet owners who view their pets as part of the family, but in the eyes of the law, pets are treated much like cars, furniture, or bank accounts.
During the divorce process, the court will determine whether the pet is marital property (shared property) or non-marital property (property owned by only one spouse). Generally, marital property is any property acquired during the marriage, while non-marital property is property that one spouse acquired before the marriage or through inheritance or gifts.
If the pet is non-marital property, it will remain with the spouse who owned it before the marriage or who received it as a gift or inheritance.
If the pet is marital property, it will be subject to equitable distribution. This does not necessarily mean that the pet will be divided equally between the spouses (it would be quite concerning if a court did handle a pet in a Solomon-like manner). Instead, the court will decide who keeps the pet, and it will attempt to divide other assets fairly to balance out the value of the pet.
Factors Considered in Pet Custody Disputes
Because pets are technically property, Minnesota courts do not use a "best interest of the pet" standard in the same way they use a "best interest of the child" standard for child custody decisions. However, some courts may take certain factors into account when deciding which spouse gets to keep the pet, including:
Who primarily cares for the pet: Courts may consider who has been the primary caregiver for the pet. This includes tasks such as feeding, grooming, taking the pet to the vet, and walking the pet.
Who purchased the pet: If one spouse purchased or adopted the pet, this might weigh in favor of that spouse keeping the pet, particularly if the pet was acquired before the marriage.
Living arrangements: The court might look at each spouse’s living situation to determine where the pet would have a better quality of life. For example, if one spouse is moving into an apartment that doesn’t allow pets, this might influence the decision.
Children’s attachment to the pet: If there are children involved, the court may try to keep the pet with the parent who has primary custody of the children to minimize disruption to the children’s lives.
History of neglect or abuse: If one spouse has a history of neglecting or mistreating the pet, this could play a role in the court’s decision.
While these factors may be considered informally, it’s important to note that the law still treats pets as property, and these factors are not applied as rigorously as in child custody determinations.
Pet "Custody" Agreements
While Minnesota courts treat pets as property, many divorcing couples view their pets as part of the family and want to create more flexible arrangements, similar to child custody agreements. In these cases, couples can negotiate their own pet "custody" agreements outside of court.
In a pet custody agreement, the divorcing spouses can agree on various aspects of the pet’s care, including:
Who the pet will live with: The agreement can specify which spouse will be the primary caretaker for the pet.
Visitation rights: If both spouses want to maintain a relationship with the pet, they can arrange a visitation schedule, much like a parenting time schedule for children.
Shared expenses: The agreement can also outline how the spouses will share the costs of pet care, such as veterinary bills, food, grooming, and other expenses.
These agreements can be made legally binding if both parties agree to the terms and present the agreement to the court for approval. While pet custody agreements are not commonly ordered by the court, they offer a flexible and personalized solution for couples who want to share the responsibility of caring for their pet.
The Importance of Mediation and Negotiation
Because Minnesota courts view pets as property, they are unlikely to issue detailed pet custody orders unless the couple agrees to a specific arrangement. As a result, couples who are emotionally attached to their pets often find that mediation or negotiation is the best way to resolve disputes over pet ownership.
Mediation allows both spouses to sit down with a neutral third party to discuss their desires and come to an agreement that works for both parties. A mediator can help facilitate the conversation and ensure that both parties' concerns are addressed.
Negotiating directly with the other spouse can also lead to an amicable solution. If both spouses are committed to reaching a fair agreement, they can draft a pet custody agreement that addresses their concerns and avoids the need for a court decision.
What Happens if the Court Decides?
If the couple cannot agree on who should keep the pet, the court will step in and make a decision. As mentioned earlier, the court will treat the pet as marital property and determine which spouse will retain ownership. The court’s primary focus will be on dividing the couple’s assets equitably, rather than considering the emotional well-being of the pet or the spouses' attachment to the pet.
Because of the limitations of court involvement, it’s often in the best interest of both parties to settle pet disputes outside of court whenever possible. Once the court decides on property division, it’s unlikely to revisit the issue unless there is a significant change in circumstances.
How an Attorney Can Help
If you’re facing a divorce and are concerned about what will happen to your pet, it’s important to consult with an experienced family law attorney. A skilled attorney can help you understand your rights, guide you through the process of negotiating a pet custody agreement, and represent your interests in court if necessary.
Here are a few ways an attorney can assist you:
Help you understand your legal options: Your attorney can explain how Minnesota law treats pets in a divorce and what steps you can take to protect your relationship with your pet.
Assist with negotiation and mediation: Your attorney can represent you in mediation or negotiations with your spouse, helping you reach an agreement that works for both parties.
Advocate for you in court: If you are unable to come to an agreement, your attorney can present your case in court, using the relevant factors to argue that you should retain ownership of the pet.
Conclusion
While Minnesota law treats pets as property in a divorce, pets often have a deep emotional significance for their owners, making it essential to approach pet disputes carefully. Whether through negotiation, mediation, or legal advocacy, there are options available to ensure that you and your pet’s best interests are considered during a divorce.
If you’re concerned about the future of your pet during your divorce, Roach Law PLLC can help. Experienced family law attorney John E. Roach is here to guide you through the process and work to protect your relationship with your pet. Contact us today to schedule a consultation and learn more about your legal options.