Pets and Divorce – How to Keep Fifi and Fido in the Family
Here’s some statistical food for thought: according to the American Pet Products Association (APPA) 2009/2010 National Pet Owners Survey, 62 percent of U.S. households own a pet. In its pet ownership breakdown, the APPA reports that American households include 77.5 million dogs, 93.6 million cats, 13.3 million horses and 15 million birds. Clearly, a lot of pets are living with families that will experience divorce.
How does divorce law deal with pets? By law, property acquired during marriage is presumed to be community property. If one spouse proves that a pet was acquired before the marriage, for example, it is considered separate property and the community property presumption is overcome.
In a divorce or legal separation, community property must be divided, resulting in the property settlement. When the pet is community property, the animal’s best interest doesn’t apply, at least not directly. But that is changing.
Earlier this …