Who Gets the Pets in a Divorce? Washington's Pet Custody Laws.

At Hodgson Law Office, our experienced Spokane divorce attorneys understand the bonds you share with your animal companions and the pain you would feel at never seeing them again.

We know that your pets are part of your family. Unfortunately, the law doesn’t always see it that way. The state of Washington views pets as personal property when it comes to divorce. If you and your ex can’t agree on who gets ownership, the court may make a decision for you.

Pet Custody Laws in Washington vs. Other States

Some states, including California, Illinois, and Alaska, have enacted legislation that treats pets more like family members than property. Family courts in these states consider the animal's well-being when making decisions. They sometimes even award shared custody arrangements when appropriate.

However, Washington has yet to follow suit. The state still treats family pets as personal property. This means that pets are subject to RCW 26.09.080, the law that also governs the division of furniture, jewelry, vehicles, real estate, bank accounts, and other assets.

When spouses can't reach an agreement about who will get the pets during a divorce, a judge will follow the principles of property division in its decision. This is in contrast to child custody decisions, which are required to be in the child’s best interests.

Determining Pet Ownership in Washington Divorce Cases

The timing of when a pet was acquired plays a crucial role in determining ownership. RCW 26.16.030, Washington’s community property law, determines whether a pet is considered separate or community property:

• Separate property: Likely if one spouse owned the pet before they got married.
• Community property: Likely if the pet was acquired during the marriage.

A pet that is considered community property is subject to just and equitable division, just like other marital assets. One that is considered separate property will likely be kept by its original owner.

When spouses can't agree on who should keep the pet, a Washington judge will be tasked with the decision. In many cases, the judge awards pet custody to the person primarily responsible for its care.

This isn’t the only factor that judges consider, however. If the couple’s children have formed strong attachments to the pet, for example, the court may award it to the parent with primary custody in order to help maintain a stable environment.

Factors Courts Consider When Deciding Pet Custody

Washington courts consider several factors to decide which spouse should be entitled to ownership of a pet:

• Primary caregiver role: Who handles daily feeding, grooming, and exercise.
• Financial responsibility: Who pays for the animal's expenses, including food, veterinary bills, and other costs?
• Documentation: Whether there is a bill of sale or adoption contract in one spouse's name.
• Registration information: Which spouse the pet is registered to in vet records.
• Gift status: Whether the pet was a gift to one spouse specifically.
• Living arrangements: Which spouse the pet currently lives with.
• Children's relationships: Whether children have formed strong bonds with the pet.

Among these factors, being the primary caretaker is often the strongest in determining whether a spouse gets custody of a pet in a divorce.

Building Your Case for Pet Custody

If keeping your pet is important to you, gather the following evidence to strengthen your position:

• Collect documentation: Save receipts for pet food, toys, supplies, and veterinary care.
• Establish caregiver history: Document who took the pet to vet appointments, grooming sessions, and training classes.
• Show primary relationship: Provide photos and videos showing your relationship with the pet.
• Demonstrate suitable living conditions: Show that your home is appropriate for the pet's needs.
• Address any neglect or abuse: If relevant, document any instances where your spouse failed to properly care for the animal.

Our family law attorneys can help you gather this evidence and present it in a way that tells a compelling story about the strong bond between you and your pet.

Alternatives to Court-Decided Pet Custody

Rather than leaving the decision to a judge, consider the following alternatives to a court battle over pet custody.

Negotiated Agreements

Agreeing on a pet parenting plan is the easiest way to maintain your relationship with your furry friend. The plan might include:

• Scheduled visitation rights
• Shared decision-making for veterinary care
• Division of expenses
• Holiday arrangements

Reaching an amicable agreement is in everyone’s best interests, including your pet’s. Unfortunately, that’s not always possible.

Mediation

If you and your ex come to a stalemate, consider working with a professional mediator. This neutral third party can help you agree on a plan that works for everyone. This might include reaching a compromise or even brainstorming a creative solution that the court might not consider, such as a shared custody arrangement.

Under RCW 26.09.015, mediation is recognized as a valuable alternative dispute resolution method in divorce proceedings.

Pet Custody Legal Agreements

While Washington courts may not enforce pet custody arrangements, you can include pet provisions in your divorce settlement agreement. Not all aspects may be legally enforceable, but courts generally respect agreements that both parties have willingly entered into under RCW 26.09.070.

When Shared Custody Makes Sense

Pet ownership disputes can be settled outside of the courtroom. For example, spouses who decide they want to share custody of the pet can create an agreement that details when and where each party can keep the pet. This might work well when:

• Both spouses have strong bonds with the pet.
• The spouses live relatively close to each other.
• Both can provide suitable environments.
• The spouses can communicate civilly about the pet's needs.

Shared custody isn’t always practical. In that case, some spouses work out a financial arrangement where one spouse pays the other to relinquish their claim to the animal.

The Emotional Reality of Pet Custody Disputes

While the law views pets as property, the emotional reality is much different. Many pet owners consider their animals to be family members. They form deep bonds that make separation extremely painful. This disconnect between legal classification and emotional reality makes pet custody among the most contentious issues in divorce.

We understand that your attachment to your pet is valid, regardless of legal classifications. That’s why we approach pet custody negotiations with both conviction and compassion.

How a Spokane Divorce Attorney Can Help

At Hodgson Law Office, we understand how much you love your pets and how important it is to keep them in your life. Our experienced family law attorneys can help by:

• Evaluating your case and understanding your goals
• Gathering and organizing compelling evidence of your relationship with your pet
• Negotiating pet custody arrangements as part of your overall divorce settlement
• Drafting agreements that protect your interests
• Advocating for your position in court if necessary

It’s heartwrenching to be separated from your pet. We’re ready to put all of our legal skills toward bringing them home to you.

Get Help with Your Pet Custody Case

Our compassionate Spokane divorce attorneys at Hodgson Law Office will work tirelessly to help you maintain your relationship with your beloved pet. Contact us today to schedule a free consultation.