Who Gets the Pet in a Pennsylvania Divorce?

For many of us, pets are part of our family . . . sometimes almost as much a part of the family as our kids are. In many cases, our pets bring our families closer together, which is why when couples divorce, the question of who gets to keep the pet is often one of the first questions that gets asked.

Because current Pennsylvania law treats pets as personal property, the answer to that question is often very disappointing to at least one of the spouses and sometimes children, depending on the answer. If you are considering divorce or are involved in a divorce and have questions about your rights to a family pet, the LLF Law Firm’s Family Law Team can help. Call us at 888.535.3686 or fill out our contact form, and we’ll schedule a confidential consultation to discuss your divorce questions, including those about who gets the pet.

Pennsylvania Treats Pets as Personal Property

Pennsylvania law treats pets the same way as it treats most other types of personal property. When divorcing parties disagree about who should be able to keep a family pet after the divorce, the first thing the court will typically consider is whether the pet belonged to one of the spouses before the marriage took place. In those cases, the court will often declare that the spouse who brought the pet into the marriage will be the spouse who leaves with the pet when the divorce is final.

For pets acquired during the marriage, the analysis is more complicated. These pets are considered “marital property,” which is typically property that will be divided between the divorcing spouses. When there is a conflict over which spouse will get to keep the pet, the court will treat that as it does conflicts over other types of indivisible personal property acquired during the marriage – such as artwork, furniture, or jewelry. The court may, therefore, consider things such as:

• Which spouse paid for the pet, and what funds were used to purchase or acquire it
• Which spouse primarily cared for the pet during the marriage
• Whether any child or children in the marriage had become attached to the pet
• Whether a spouse has any history of abusing the pet or has a history of animal abuse

Pennsylvania Courts Won’t Treat Pets as Children

Courts in Pennsylvania won’t craft shared custody or visitation plans for pets. At this point, there is no legal way for courts to award shared custody to personal property – even if both parties agree to it. Just as a Pennsylvania court will not award shared custody of a painting to a divorcing couple, it will not award the couple shared custody of a pet.

That said, a bill has been pending in the legislature for the past two sessions that would give courts a legal framework for resolving pet (or “companion animal”) custody issues that would be similar to the framework courts use when resolving child custody issues. The bill would also allow divorcing couples to agree on pet custody terms, much as they often agree to child custody terms, and for the pet custody terms to become an enforceable part of the divorce decree.

The LLF Law Firm Can Help Protect Your Rights in a Divorce

Divorce can be one of the most stressful and difficult periods of anybody’s life. It can be enormously helpful to have someone on your side who can explain to you what your rights are throughout the process, and who has the experience and background to stand up for your rights. The LLF Law Firm’s Family Law Team consists of attorneys who have been fighting for the rights of clients in divorce proceedings all across Pennsylvania for years. We understand the laws, the regulations, and the procedures that apply in divorce cases, and we know how to protect our clients from day one.

If you have questions about your divorce case – including how you may be able to keep your pet – call the LLF Law Firm’s Family Law Team at 888.535.3686 or fill out our contact form, and we will get back to you to set up a confidential consultation. Tell us about your situation, and let us tell you how we can help.