If you’re going through a divorce, among other things, you might also be worried about who gets to keep your fur babies. Under current Massachusetts law, pets are treated like property, just like a lamp or a table. As cruel as it sounds, your beloved dog, ferret, or hedgehog is viewed as an asset to be divided, with no exceptions. Therefore, don’t expect a judge to consider the “best interests” of your pets the way they do for children. Massachusetts courts will also not discuss visitation schedules or joint custody for pets. You and your soon-to-be ex-spouse would have to set up terms on your own.
So, what factors does the judge look at when deciding who gets to keep Whiskers? Some of the most important considerations include:
- Who brought the pet before your marriage? If you had Whiskers before you tied the knot, the judge tends to give them back to you.
- Who paid for or adopted the pet? Currently, the default rule is to award the pet to the person who paid the initial bill. Unfortunately, this could benefit abusers who control finances and paperwork, leaving abuse victims powerless.
- Who has been responsible for caring for the pet, feeding, grooming, vet visits, etc.? Evidence of your caregiving role, such as adoption papers, photos, and receipts, would be very helpful. After all, it’s a competition, and you have to show you love Whiskers more.
- If you and your current spouse are separated, your living conditions matter. If one spouse lives in a “no pets allowed” or develops severe allergies, the judge may favor the other spouse.
- Does either spouse have any history of animal cruelty or domestic violence? If so, the judge will take that very seriously.
- Did you and your spouse have a prenuptial/postnuptial agreement or a pet-custody plan drafted? If so, the judge will usually honor it.
In short, when deciding pet custody in divorce proceedings, the focus is on facts and documents, not on the pets’ feelings.
Because the law is set up this way, the best result is usually achieved if you and your spouse work it out yourselves during mediation or negotiation. If you can agree on who gets to keep the pets and how to split future vet bills, the judge will usually respect the decision. Be sure to put the agreement in writing; then the judge can simply include it in the divorce decree, making it legally binding.
Going through a divorce is already hard, and no one wants to lose a beloved pet who is part of the family. Gather records, stay civil and try to reach an agreement in writing before court can help achieve a happier outcome for you, your soon-to-be ex-spouse, and your furry, feathered, or scaled family member.
Written by Queenie Miao, Bacon Wilson Law Clerk 2025
Reviewed and approved by Attorney Julie A. Dialessi-Lafley