Pets can serve as a source of comfort, humor and an inspiration for healthier living. If you are contemplating divorce, you may be understandably worried about the risk that your pet(s) will end up with your spouse.
After all, pets are part of the family. However, in Ohio, the law views pets differently. Unlike children, pets are treated as personal property, meaning that the court’s primary role is to determine who “owns” them rather than what is in their best interests. As a result, you may want to negotiate a workable solution with your spouse rather than leaving your pet’s fate up to a judge, if possible.
If the court needs to get involved
If you and your spouse can’t reach an agreement about what will happen to your pet post-divorce, the court will ultimately classify them as either marital or separate property. In some cases, evidence such as purchase receipts, adoption papers or proof of ownership may be required to determine a pet’s status. If your pet is determined to be your separate property, you’ll be able to keep them. If your pet is considered marital property, they will be treated as part of your marital estate.
In Ohio, marital property is divided based on equitable distribution, which is a “fair but not-guaranteed equal” standard. Factors such as who primarily cared for the pet, who paid for their expenses and who has the capacity to continue caring for them may influence the court’s decision.
Deciding what will happen to family pets in an Ohio divorce scenario can be an emotional undertaking. However, while the law treats pets as property, their well-being and the role they play in your life may guide court decisions if you and your spouse can’t work out an agreement without judicial intervention.