WHEN SPLITTING ASSETS, WHO GETS THE DOG?

Years ago I mediated a separation agreement for a young couple who had no children, but had a house with a mortgage, two cars, credit card debt, and two dogs. They began by dealing with accusations, then eventually agreed they had no desire to repair their relationship. They easily dealt with the house, cars, and debt, but that left deciding what to do about the dogs, which took more time than all the other issues.

Pet mediation is becoming increasingly more common as separating couples deal not only with their pets’ welfare, but their own emotions. A complication is while pets are traditionally considered personal property in most states, some jurisdictions are recognizing their wellbeing to some extent.

Mediation is the ideal method to deal with the issues of custody, access, and continued care and welfare. In the mediation I conducted, each person took responsibility for the care of one of their dogs, but agreed for the pets to meet weekly for joint exercise in the local dog park.

To avoid these discussions during a separation, some couples are planning pet custody in their pre-nup.