Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Atty. April Splittgerber
For many families, pets are part of the household. But under Wisconsin law, they are treated differently than children in a divorce.
In Wisconsin, pets are considered personal property. If spouses cannot agree on who keeps a pet, a court will decide. The pet is divided as part of the overall property—similar to how it handles furniture or other household items.
That can come as a surprise to couples who view a pet as part of the family.
Why Agreement Matters
If you and your spouse can reach an agreement, you have far more flexibility in deciding what happens to your pet.
Courts generally accept agreements between spouse, even if they treat pets more like family members than property. Without an agreement, however, a judge is not required to consider custody-style factors (like those used for children.)
What Courts Consider
When there is no agreement, a judge may look at practical factors such as:
— Who primarily cared for the pet
— Who paid for food, veterinary care, and other expenses
— Where each spouse will live after the divorce
— Whether one spouse owned the pet before the marriage
— How the pet relates to any children in the household
Ultimately, the court may assign a dollar value to the pet and award it to one spouse as part of the property division.
Creating a Pet Agreement
Spouses who want more control can include a pet arrangement in your divorce settlement.
A clear, detailed agreement can help prevent future disputes. Consider addressing:
— Who the pet will live with
— Whether time with the pet will be shared
— Who makes major decisions about the pet
— Who pays for food, grooming, and veterinary care
Taking time to spell out these details can make the agreement easier to follow—and more likely to be approved by the court.
When You Can’t Agree
If you and your spouse cannot reach an agreement, the decision will be left to a judge.
Because courts are required to divide property fairly, the outcome may not reflect the emotional bond either spouse has with the pet. For that reason, many couples choose to work out pet-related issues outside of court whenever possible. Reaching an agreement allows you to stay in control and create a plan that works for your household.
If you have questions about how pets may be treated in your divorce, a Wisconsin attorney can help you understand your options.
Handling Pets in a Divorce
If you’re divorcing and have a pet:
— Try to reach an agreement early
— Put all terms in writing
— Be clear about expenses and responsibilities
— Consider the pet’s routine and living situation
— Don’t assume a court will create a custody schedule
— Planning ahead can help you avoid leaving the decision to a judge.
Attorney April Splittgerber is a senior associate at Axley in Madison and a member of the firm’s Family Law Practice Group. She focuses her practice on divorce, paternity matters, custody and placement, and guardianships.
Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with attorneys throughout the state. To find an attorney in your area, visit wislaw.org.
This article provides general information about Wisconsin law and is not legal advice. For advice about your specific situation, consult a qualified attorney.
