Michigan Divorce and Pet Custody

When couples get attached to the family pet, it can create a contentious issue if they decide to get divorced. Neither spouse wants to give up their emotional bond to a beloved pet who has become a friend and family member. As a result, determining who gets the pet in a divorce may become one more dispute to resolve in an already challenging divorce proceeding. Fortunately, divorcing couples in Michigan have options for reaching a solution.

How Are Pets Treated in Michigan Divorce Law?

In Michigan, divorce law does not treat pets like children. Courts do not award “custody” of pets in divorce. Instead, the law treats pets like property. When a pet qualifies as marital property, the court can include it in the equitable division of the marital estate. However, spouses can resolve ownership over pets through a property or divorce settlement agreement, which the court can incorporate into the divorce judgment.

Potential Custody Arrangements for Animals in Divorce

Because animals can become stressed without a stable living environment, it can prove challenging to trade off “custody” of a pet between divorced spouses like they would with children. As a result, one spouse usually gets to keep the pet on a permanent basis following divorce. However, when a divorced couple has young children, they may choose to include the family pet when exchanging custody of their children, especially if the children have a deep emotional bond with it. Having a beloved pet around can help children see both parents’ houses as “home.”

Tips for Gaining Custody of Your Pet in Michigan

Although Michigan does not recognize the formal concept of “pet custody” and treats pets like other property in divorce, there are still a couple of tips you can follow to give yourself a better chance of keeping your pet in divorce. First, you could gather evidence to prove that your pet qualifies as your separate or non-marital property. For example, if you had your pet before your marriage, inherited your pet during the marriage, or received your pet as a separate gift (i.e., not a gift to you and your spouse), then you can argue that you should get to keep your pet as your separate property.

If, on the other hand, you and your spouse adopted or received your pet during your marriage, you can try to negotiate with your soon-to-be-ex over who will get to keep the pet after your divorce. Certain circumstances, such as having primary custody of your children, may give you a stronger argument for keeping your pet since you and your spouse might not want to separate your children from a beloved pet. Conversely, having a favorite pet can help ease the distress of not having primary custody of children.

Trusted Divorce Attorneys in Michigan

If you and your soon-to-be ex-spouse have a pet, figuring out who gets it in divorce can quickly become a legal battle. Turn to trusted Michigan divorce attorneys with Alward Fisher to learn about your rights and options in pet custody. Contact us today to get started with a consultation.

This article was previously published in January 2018 and updated for relevance in January 2024.