Fur Babies and Divorce

Pets have traditionally been recognized as property in a divorce and like all other personal and financial assets awarded to one spouse or the other as their property in a divorce. Previously, California law generally required that courts divide all “community property” – property acquired during the marriage, including companion animals – equally between the disputing parties. Animals were treated no differently than inanimate objects like televisions, cars, and furniture.

Former Governor Jerry Brown changed that on September 27, 2018, when he signed AB 2274 into law which was codified as Family Code FC 2605. The new family law statute better protects the best interest of the family pet in a divorce or legal separation.  Other states, such as Alaska and Illinois, have similar laws and the list of states that treat pets more like children than property is growing.

Pets are still property to be allocated and the division of assets, however, AB 2274 codified as Family Code 2605, recognizes that pet owners regard their pets as more than just property and that pets are integral part of families and whose care needs to be considered during a divorce.

Family Code section 2605:

(a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.

(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.

(c) For purposes of this section, the following definitions shall apply:

(1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.

(2) “Pet animal” means any animal that is community property and kept as a household pet.”

In short, the Court has more discretion to take the pets’ best interest into consideration and order the litigant who is more likely to take good care of the pet into consideration. In making this decision, the judge is required to consider which spouse provided for the care of the pet. The term “care” is broadly defined to include protecting the pet from violence, and providing for the pet’s food, medical care and shelter.

Much like a child custody order, the court has the power to allow both litigants to care for the pet under a pet sharing order.

As with many issues in California divorce cases, the judge has a lot of “judicial discretion” in deciding what is to be done with the family pet. For that reason, it makes sense to negotiate an agreement without involving the courts. If you and your spouse can mediate this issue, you will avoid the risk that the judge will give you even less than you are requesting, if you end up in court.

How the Court decides will depend, in part, on your ability to present evidence of the animal’s best interest and how you cared for your pet.  Facts that may affect a Court’s order included the level of involvement, such as walking, feeding, grooming, training, and vet visits and payment for the animals’ needs.  The pet’s bond with children in your household can also be instructive to a court in making an order for the best interest of your animal. 

The concept of best interest for a pet is new to many judicial officers as it’s departure from traditional family laws concerning pets in California.

Contact Livingstone Law, APC for a free consultation. We provide quality legal representation at an appropriate and fair price. Call or email Livingstone Law, APC today We can help you. 

*The information provided above is for informational purposes only.  It is not legal advice and should not be interpreted as legal advice.