While you may select a pet and purchase it just like other possessions, anyone who has a pet knows they are far more than property. Pets are beloved companions and considered family by many. This emotional bond often raises an important legal question: what happens to pets during a divorce?
As issues like pet custody in divorce become more common, it’s important to understand how pets are treated under North Carolina divorce laws. In this state, pets are still considered property – though not in the same way as a couch or car to those who love them. They’re not treated like children either, so traditional custody laws don’t apply. If you’re wondering who keeps the pet after divorce, you’re not alone.
Let’s break down how pet ownership is handled under North Carolina property division laws and what your options are if you’re trying to find a fair resolution for your furry family member.
How North Carolina Divides Property in a Divorce
Each state has its own process for dividing property in divorce. North Carolina follows an “equitable distribution” model, which means marital property is divided fairly, though not always equally. Understanding this is key when it comes to pet custody laws.
What Happens to Pets When Property Is Divided?
In North Carolina, pets are generally categorized as personal property. This means:
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If one spouse owned the pet before marriage, the pet is likely considered separate property and will remain with that spouse.
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If the pet was acquired during the marriage, it’s likely considered marital property and subject to equitable distribution.
Marital property is categorized in three ways:
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Separate Property: Owned before the marriage or received individually as a gift/inheritance (sometimes, it also includes property acquired after the couple has separated and purchased with post-separation earnings).
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Marital Property: Acquired during the marriage – both assets and debts (including tangible property such as the marital home, cars, boats, and pets; as well as intangible property like investments, pensions, and similar).
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Divisible Property: Changes in value of marital property after separation and passive income from marital assets, as well as property that was received after the date of separation as the result of marital efforts by either spouse before the time that the separation occurred, as well as any passive income that is generated by marital property but which is received after the separation, or any post-separation increases in marital debt.
The court will classify the pet, assign it a value, and decide who gets it – then offset that with other property to ensure a fair division.
How Courts Decide Who Gets the Pets in a Divorce
Although pets are technically treated as property, judges do try to make thoughtful decisions based on the pet’s well-being and the couple’s circumstances.Courts may consider:
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Who provides day-to-day care (feeding, vet visits, etc.)
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Which spouse has the time and ability to care for the pet
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Who is receiving more of the marital property
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The environment the pet will live in after divorce
It is important to understand that even after a court considers the important factors and decides which spouse will receive custody of the pets, the pets are still technically considered property. As a result, the spouse who does not receive custody will still be awarded property of “equal” value. Essentially, this means that the pet will be assigned a monetary value, and the spouse not receiving the pet will receive other marital property that is considered to be of equivalent value.
While this is typically how a court will address issues of pet custody, it’s important to understand that in North Carolina, and every other state, there are other choices available that might give you more freedom and flexibility to resolve the matter in a way that works best for everyone involved.
Alternative Ways to Handle Pet Custody
Thankfully, litigation isn’t the only option. Many divorcing couples are turning to alternative dispute resolution methods that allow for more compassionate, flexible solutions – especially regarding pets.
Mediation and Collaborative Divorce: Flexible Solutions for Pet Custody
Mediation, collaborative divorce, and attorney-led settlement negotiations empower couples to create their own agreements outside of court. These approaches allow for pet-sharing schedules, co-ownership plans, or deciding custody based on the children’s schedule (for example, the pet stays with whichever parent has the kids that week).
One significant advantage of resolving the issue of pet custody out of court is that you can truly come up with any arrangement that you would like. Some creative custody options include:
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One spouse keeps the dog, the other keeps the cat
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The pet follows the children’s custody schedule
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Shared custody with weekends, holidays, or rotating months
Why You Need an Experienced Lawyer for Pet Custody in Divorce
Whether you’re negotiating through mediation or heading to court, having an experienced North Carolina family law attorney is crucial. Pet custody may sound straightforward – but when emotions, property laws, and legal processes intersect, professional guidance ensures you protect what matters most.
At the Law Office of Dustin McCrary, we understand the complexities of North Carolina’s divorce property division, including how it affects your pets, finances, and family. We’ll walk you through every step – from filing to final settlement – and work to secure a solution that feels fair and protects your interests
The Law Office of Dustin McCrary – Here for You
At the Law Office of Dustin McCrary, we understand divorce. We understand every aspect of the process, and we know how difficult and overwhelming it can seem. The good news is, that it doesn’t have to be. Wherever you are in the process, we’re here for you. Whatever issues you find yourself confronting – whether about your pets, your property, your finances, your children, or all of the above – we’re ready to help. Take the next step with us.