Pets As Property In Washington Divorce: Who Gets The Dog?

The division of property is always difficult during a divorce – but unlike a retirement fund, a boat, or a stock portfolio, a pet can have very little monetary value and very high emotional value. A pet like a dog can be a beloved family member that loves you, shares your home, and brightens each day. What happens to the family pet in a divorce when both parities want to keep the dog?

In a recent divorce case that made headlines across the country, a divorcing couple both wanted to keep their lapdog, Lucky. In an unusual court decision, the judge drafted an agreement that gave the spouses joint custody of the pet in which each person had the animal for six months out of the year.

Of course, the above decision is a unique and rare one. For many years judges have struggled with what to do with family pets when both spouses want them – there is love and affection for a pet that mirrors that of a child custody case, but pets are also considered property that are worth very small amounts. Throughout a number of cases, judges have agreed that decision should not necessarily be made regarding the best interests of the pet, but rather who the dog truly belongs to and who will provide care for the animal.

When analyzing a case, a judge will first determine whether the pet is separate property or marital property. If the dog is marital property, it will most often be given to the party who has more of an emotional attachment or the party who will take the best care of the pet. In an instance where there are multiple pets, they may be divided between the two spouses.