It can be difficult to decide which spouse keeps a pet after a divorce, especially if both have a strong attachment to it. With this in mind, it is important to know which factors can affect the division of pets post-divorce in Alaska.
Which factors decide which spouse keeps a pet?
Courts in Alaska favor equitable distribution when deciding how to divide marital assets and consider pets as personal property. This means pets may be subject to marital asset division.
To divide these assets in a fair and just manner, judges examine numerous factors such as the financial situation of each spouse. However, when determining which spouse keeps a pet, the court considers some additional factors:
- Caregiving responsibilities: Courts consider which spouse is the primary caregiver by examining who spends more time feeding, grooming or training a pet.
- Expenses: The spouse who often pays for vet visits, medication or insurance is more likely to receive the pet after a divorce.
- Living setups: Courts favor spouses who have suitable accommodations for pets in their home, such as yards or a work setup that allows pet supervision.
- Safety: A spouse with a history of neglect or abuse is less likely to keep the pet after a divorce.
Another major factor is whether a pet is marital property or not. A spouse with ownership of a pet that predates the marriage, or receives it as a gift, is more likely to keep the pet after a divorce. This is because it can be considered separate property. On the other hand, a pet a couple acquires during a marriage becomes marital property, subjecting it to equitable distribution.
Can you negotiate to see which spouse keeps a pet?
Spouses do not always need the court’s input to decide who gets to keep a pet. Equitable distribution applies to pets as Alaska considers them personal property, but a divorcing couple can still reach an agreement, typically through mediation or negotiation.
This allows spouses to decide who keeps the pet and pays future veterinary bills, as well as how they should handle microchip registry and licensing changes. Whether the court decides who keeps the pet or if the spouses reach an agreement, determining a pet’s owner is important because it helps ensure the animal’s welfare and stability.