Luna and Oliver may be invited to sleep on your bed each night, but since they are cats, they are just so much property. In the eyes of the law, Luna and Oliver (the most popular cat names, says Rover.com1) are the same as your love seat, flat-screen TV, or recreational vehicle. Who gets Oliver and who claims (or—if you are not a cat lover—is forced to take) Luna depends partly on the pet’s value, and partly on how you, your divorce attorney, and your ex-wife work things out.
Best Interest of the…Dog?
Virginia courts are required by the Code of Virginia to consider the best interest of children in choosing physical custody. Some judges may fully uphold the law but still find room for a compassionate view of a beloved family pet when determining custody. This is because a pet, in Virginia, is not equal to a child, and custody will fall to one party or the other with no plan for visitation or joint custody.
The easiest way to share a furry friend after the divorce is to reach a property settlement agreement that includes the pet as property, not as a “family member.” The agreement can detail who gets Bailey (most popular male dog name, 2015) at which times, and who is responsible for Bella’s (most popular female dog name, 2015) medical care, heartworm pills, and squeaky toys.
You Can Have the Car; I Want the Corgi
For most families, the typical cat and dog are the critters to stir the heart strings. But not always; fish, birds, reptiles and other animals can become the center of disagreement over custody. This can be partly due to the animals’ value and partly due to their sentimental value.
A collection of exotic fish, for example, may be worth many thousands of dollars. Some birds will outlive their owners. A trained service dog may be vital to your daily functioning but of no value to your ex-wife.
I Get the House, You Take the Husky
This being America in the 21st century, of course a serious center of learning has as its focus animals and their legal place in society. Michigan State University’s Animal Legal & Historical Center points out that some courts have actually taken into account the “feelings” of the dog (the most commonly fought over animal), have awarded alimony payments, and have worked out shared custody agreements.
More common is to “divide” the pet according to two concepts:
- Community property—in Virginia, this is considered “marital property”
- Equitable distribution—Virginia’s term is “separate property”
Under Code of Virginia, Title 20, Domestic Relations, Chapter 6. Divorce, Affirmation and Annulment, § 20-107.3, the court may decree as to property and debts of the parties, and this includes everything from goldfish to Golden Retrievers.
Here the battle could revolve around how the animal came to join your household.
- If your dog was yours before you married your ex-wife, the dog is yours.
- If you and your wife bought the dog during your marriage, the dog is marital property; let the bargaining begin.
- If your relative gave you a puppy, you own the dog.
- If her relative gave the two of you a puppy, she owns the dog.
- If you won a boa constrictor in a poker game (hey, it happens) using money from your own paycheck, you own the snake.
The test is found in subsections 1, 2 and 3 of Section 20-107.3, wherein the court has to divide up all your worldly possessions as marital property; separate property; and part marital property and part separate property. This, again, highlights the huge value of having a property settlement agreement in place prior to going before the judge. Few judges have either the court calendar space or the patience to sit through a listing of all your personal effects.
You Get the Jewelry; I Get the Jack Russell
One aspect of the pet push-n-pull to consider is the children you and your ex-wife may have produced as part of the marriage. If she has physical custody of your children—and the dog, tortoise, cat, or bunny rabbit is a much-loved family pet—you need to be adult enough to let your children continue to enjoy the pet’s company at your ex-wife’s house. You could fight this, but since your children are already working through the divorce alongside you, do you want to spar over a Spaniel?
Get a Property Settlement Agreement
If you really anticipate a squabble over your Scottie, you need the services of The Firm for Men. We can draw up a property settlement agreement that spells out exactly who gets your Norwegian Blue parrot. We can work with your ex-wife’s attorney to avoid needless courtroom drama or hysterical children upset about the future of Fido. Call us at 757-383-9184 today or contact us online to schedule a consultation. We’re centrally located in Virginia Beach, and proud to serve all of Hampton Roads!
[1] https://www.rover.com/blog/popular-cat-names-2015/
