Animal lovers in Ontario may think of their animal companions as part of their families, but in the eyes of family law courts, pets are actually considered possessions no different from any other. This can make for uncomfortable negotiations during the property division step of a divorce, but there are ways to protect one’s interest in a dog or cat even before a wedding takes place. Future spouses could spell out in a prenuptial agreement who gets what animals in the event of a divorce and amend that document whenever a new animal joins the family.
However, if the time has passed for a prenuptial or a postnuptial agreement and one spouse is trying to use an animal for extra leverage in other areas of asset division, the court has ways of determining who has the best interests of the pet in mind. The facts, along with evidence to back up any assertions, can be used to either spouse’s advantage.
For example, whether or not a prenuptial agreement was filed, if one spouse brought the animal into a marriage, then it is likely that he or she would be the appropriate person to keep that pet after the marriage. Further facts that can be established through documentation such as receipts and invoices might be who cared for the animal and who bought its food. A divorcing spouse might also bring proof of who took the pet to the veterinarian when necessary and who paid. Who oversaw the pet’s licensing and shots could also be considered.
Proper documentation can make the case for retaining custody of an animal. As with any property obtained during the marriage, pets are subject to equalized division between spouses. A lawyer may be of assistance in negotiations involving any assets in which one spouse or the other takes a particular interest.
Source: Forbes, “How Are Pets Handled In Divorce?“, Jeff Landers, April 17, 2014