This year, Rhode Island became one of a growing number of states that are directing courts to treat companion animals as something more than property when determining their future after divorce.
This is crucial for couples who aren’t able to work out a “custody” arrangement for their pets without intervention by the court. However, it can also provide guidance for those working out their own arrangement.
What factors are considered in determining possession?
Under the new law, courts are to consider what’s in the best interest of the animal when determining who will be their primary or sole caregiver. They can look at factors like:
- Whether one spouse had the animal before the marriage
- Whether one spouse has spent more time with and taken more responsibility for the animal than the other
- Which home is better for the animal
- Whether the couple has children
Often, when there are children, the pets will move back and forth between homes with them, although that’s not always feasible (or best for the animal) for one reason or another.
As noted, sometimes shared possession is what’s best for the animal if they’re close to both spouses. The law allows courts to decide on a living arrangement that allows for this. The court can also determine how the former spouses will divide pet-related expenses.
The problems with laws that treat pets as property
Too often, in states where companion animals are seen only as property under family law, a pet can end up being a bargaining chip or a way for one spouse to “punish” the other by taking possession of an animal they don’t even care about.
Laws like the new one in Rhode Island help prevent this and take into consideration the value of the human-pet relationship. Whether you’re planning to negotiate a pet parenting plan with your soon-to-be ex or you need to make a case to the court about why you should have primary or sole possession, it’s smart to have legal guidance.
