A common question often asked by clients who are separating from or divorcing their spouse is “who gets to keep the pet?” So, who keeps Fido in the divorce?
PA law specifies that pets are personal property – much like a table or a lamp. As hard as this can be to wrap your head around given that pets can be such an important part of a family unit, you cannot gain custody or enter into an enforceable agreement with regard to “sharing custody” of your pet.
If parties to a divorce action cannot agree who will keep the family pet, then a Court will decide who is awarded the animal during the equitable distribution process. In the event a party purchased the pet prior to marriage, that party will likely be awarded the pet, as it would be considered a pre-marital or non-marital asset.
If you have any questions about the topic discussed in this article, or any family law matter, please give us a call at Bononi & Company (724) 832-2499.