Divorce can be an emotionally challenging process, especially when there are disagreements about how to divide assets and make arrangements for the future. While people often focus on matters like property division and financial support, one key issue that may arise in divorce is who gets to keep the pets.
In today’s society, pets are considered part of the family, so determining their post-divorce custody is not just a trivial matter for many couples. In the Buckeye State, however, the law does not view pets the same way it views children, which can make the process of deciding pet ownership tricky.
How Ohio law views pets in divorce
In the Buckeye State, pets are legally considered personal property, similar to other assets such as:
- Cars
- Furniture
- Household items
This means that, unlike children, pets are not subject to custody or visitation arrangements in the eyes of the court. Instead, the court decides who owns the pet, just as it would for any other asset. Because pets are considered property, the court will factor them into the property division process, assessing the situation to determine who should retain ownership.
However, since pets hold deep emotional value, this property classification can seem cold and insufficient for couples who consider their pets more like children than assets. While state courts will not make a custody agreement for a pet, they may consider factors that show which party would be a better caretaker. Courts may look at who has been primarily responsible for the pet’s day-to-day care. The court will favor the spouse who:
- Consistently fed the pet
- Walked the pet
- Took the pet to vet appointments
The court might find that this spouse has a stronger bond with the pet and is more likely to take better care of it moving forward.
While state law treats pets as personal property, courts may still consider factors such as primary caregiving responsibilities when determining who keeps them. Ultimately, the best solution is often for divorcing couples to enlist compassionate legal support to help prioritize the pet’s well-being.