Legal Question in Family Law in Massachusetts

In Massachusetts, how are family pets typically handled during a separation/divorce? My husband and I have family pets, some of which we got together as a couple before we got married. I am extremely attached to the pets and consider them to be my children (no actual children in the family). Out of everything that we need to divide in the divorce, this is my biggest concern because I want to retain custody of the pets and do not think they should be split up (i.e. he gets two and I get the other two) since they have been together for multiple years. I think we will have no issue with dividing assets, but want to be prepared in case he pushes back on the pets.


Asked on 12/21/12, 12:41 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Pets are personal property and are treated as such by the courts. However, if the parties treat the pets as children, a Judge will usually treat them in the same manner. There is no formula for awarding possession of pets. A Judge should encourage the parties to work it out themselves. However, unlike children, custody of pets should not be based on a best interest standard. I don't think that a Judge would keep the animals together because it is best for the animals. The best way to resolve this is through negotiation. Perhaps you can consider shared custody of the pets or primary custody with one party and visitation by the other.

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Answered on 12/21/12, 12:56 pm


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