Pets and Livestock during a Divorce or Separation

Pets and Livestock during a divorce or separation can be painful, scary and even financially devastating, if the right steps are not taken to preserve your needs. Animals hold a special place in our hearts and our daily lives, whether they are pets or livestock, their connection to us is undeniable.

Classification of Animal

Pets and livestock are considered property by most laws and during the divorce or separation process, it’s the same. These animals have very limited rights and roles to play and most courts will not consider anything more than property. Now, if you do have a “Registered” service animal, things do change a little as their now considered property of the distressed person. But there are limited options here as well. The animal must be needed for mobility, daily living, support to function, protection from life threatening concerns (stroke, seizure) or something of the sort. Animals that provide emotional support or non-critical functions or are not certified may still be considered property.

Pets and non-Husbandry Animals

Our pets play a different role in our lives as they did 50 years ago. People have a much stronger bond to their animal and this can provide many emotional benefits to us and our children. Take dogs, they were once used primarily for protection, guarding or as an alarm. Today they can fit into a small bag and go most anywhere with us.

Its not Just Dogs Anymore

Many people have various types of pets, from turtles to birds and from lizards to miniature horses. These pets have been ingrained into our lives in many different fashions. Just watch one of many TV shows about veterinarians or animal rescue and you will see the plethora of different animals people have started keeping as pets.

Livestock has a Different Role

People keep livestock for various reasons; breeding, husbandry, food, protection and many other reasons. These also provide a support mechanism as they give us something to talk too and to have daily interaction. If you ever watch a barrel racer or calf roper or long horn steer breeder; these animals are part of their very existence.

Livestock can be a source of income or long-term retirement plan. Breeding bulls, sheep, specialty animals or rare breeds can provide a very lucrative living. This is hard to let go when your entire livelihood is at stake.

What Happens During Divorce

With animals being considered property, excluding registered service animals, the animal is split just like bank accounts or picture frames. One for you and one for you or they are required to be sold and the income used to pay debts or divided as income. This is the same for Pet and Livestock, there is no difference in the court’s eyes.

What can be Done

Glad you asked. Mediation is the best way to settle the animal debate before things get heated or the court mandates what will happen. We can help you negotiate what is best in your situation. This needs to be done early on to set boundaries and prevent horrendous reactions. People have sold, traded, euthanized and even broke-in to kidnap animals. This can be a criminal charge landing you in jail for many years and that will determine the ownership quickly.

Whether we can find a way to off set the animal with property or monetary assets is up to you to determine. We can also setup visitation for the animal. It is not uncommon for both persons in the marriage and even children to have a very close connection to the animal. With visitation, we set a schedule and a custody agreement and support agreement. This allows for the animal to be supported with shared funds for vet bills, food and keeping while giving the owners the right to pickup the animal for a few days or even visit at the place of residence in the case of larger animals.

 Is this Enforceable

Absolutely, the same as any contract and if its part of the divorce decree, contempt of court charges can be brought for someone not complying with the order of the court (consult an attorney for more info). This arrangement helps people to see their animals, keep their animal relationship and protect themselves from being shut out. Whether the animal is treated as property or a relationship, this is up to you; we are there to help you work out the arrangement.