Can You Include Pets in Your Prenup?

For many people, pets aren’t just animals; they are part of the family. Dogs, cats, and other furry (and not-so-furry) friends often play a central role in a couple’s life. If you are planning to get married, it only makes sense to consider what will happen to your pets if you get divorced.

In Massachusetts, pets are considered personal property in a divorce. This means that during a divorce, your beloved pets are potentially subject to equitable distribution. To avoid uncertainty, conflict, and heartache, our Boston divorce lawyers can address the issue of pets directly in a prenuptial agreement.

At Infinity Law Group, we know that many of our clients view their pets more like children than animals. We can help you protect your connection to your pets through a thoughtfully drafted prenuptial or postnuptial agreement, reducing uncertainty and ensuring that you can keep your pets after a divorce. Reach out to our law firm to schedule a free consultation with a Boston prenup attorney.

How Pets Are Treated in a Massachusetts Divorce

Under Massachusetts law, pets are treated as personal property. For divorce purposes, this means that your pets are treated the same as bank accounts, furniture, or vehicles. While this may feel harsh, it is important to understand how courts view pets so that you can make smart decisions when it comes to planning your future.

Even if you view your pet as a member of the family, a judge won’t go through a custody determination to decide where your cat or dog will live based on their best interests. Instead, ownership of pets will be determined based on the laws governing marital property.

Massachusetts is an equitable distribution state. This means that during a divorce, all marital property will be divided fairly (which does not necessarily mean a 50-50 split). Most assets acquired during the marriage are marital property, while assets acquired prior to the marriage are separate property.

Applying these principles to pet ownership, if one spouse owned a pet before marriage, it may be considered separate property  and not subject to distribution. If the pet was acquired during the marriage, it will likely be treated as marital property. In this situation, courts will usually assign ownership of the pet to one spouse (rather than ordering shared custody).

There is no formal framework used by Massachusetts courts to determine who gets a pet in a divorce. Depending on the judge, they might consider things like who primarily provides care for the pet or if the pet is more attached to one spouse than the other. For example, if one spouse always walks the dog, feeds it, and takes it to the vet, a court might decide that they should get the dog in the divorce.

Of course, a judge won’t necessarily consider these factors when deciding who gets a pet in a divorce. In some cases, both partners may equally provide care for and be attached to their pet. This can make any outcome feel arbitrary and lead to a highly contentious divorce.

Should You Include Pets in Your Prenuptial Agreement?

Prenuptial agreements are often thought of as a tool to protect significant financial assets, inheritances, or family businesses. But the reality is that a prenup can be used to address almost any matter related to property or money. Even if a pet isn’t financially “valuable,” you can still include it in a prenup or postnup agreement.

Addressing the issue of pets in a prenup is often a great idea. It can prevent litigation over pet ownership while reducing emotional conflict during a divorce. It can also protect pets brought into the marriage from being considered marital property while clarifying financial responsibility for a pet during the marriage.

For couples who already share a beloved dog or cat, or who plan to adopt a pet together, addressing pets in a prenup can provide peace of mind. As long as the agreement is fair and reasonable at the time that it was signed and when the parties seek to enforce it, the prenup will be considered valid. 

A well-drafted Massachusetts prenuptial agreement can address the issue of pets in several key ways. To start, a prenup can identify separate vs. marital pets. If one spouse owns a pet prior to the marriage, the agreement can explicitly state that the animal remains that person’s separate property in the event of a divorce. 

This type of provision can be particularly important because even if one partner brought the pet to the relationship, the reality is that both partners will likely love and care for the pet. Clarifying that the pet will remain the sole property of its original owner can reduce the risk of a dispute over whether the animal became marital property. 

In a prenup, a couple can also agree in advance about how pets that are purchased or adopted during the marriage will be treated if they ultimately divorce. For example, a couple can choose to state that these pets will go to one spouse or that there will be some type of shared ownership arrangement. 

Visitation or shared care arrangements can be explicitly spelled out in a prenuptial agreement. While pets are considered property under Massachusetts law, most people do not think of their pets in that way. A prenup can include things like scheduled visitation, access to veterinary records, and sharing the pet over holidays.

While Massachusetts courts may not enforce shared “custody” arrangements for pets in the same way that they do for children, clearly-drafted contractual agreements will carry significant weight with the court. This type of arrangement could potentially be enforced as a contractual agreement.

Finally, a prenuptial agreement can be used to allocate responsibility for costs such as veterinary bills, grooming, food, training, boarding, and emergency care. It could even be used to delineate which partner is responsible for pet insurance premiums and how end-of-life care decisions are made. If one spouse will ultimately retain the pet, then the agreement can also address whether the other spouse will contribute financially, and if so, the terms of such arrangements.

It may seem silly to some people to include pets in a prenuptial agreement. However, many divorcing couples engage in significant legal battles over seemingly “silly” things, such as who gets the furniture or a piece of art that isn’t particularly valuable or furniture. Pets are often deeply loved and become almost like children. It only makes sense to think about what happens to your pets in the event of a divorce.

Our law firm is adept at drafting prenuptial agreements that can address any and all issues that are important to you, such as who will get your pets in a divorce. We will also ensure that your agreement complies with Massachusetts law and is enforceable. If you are getting married or are already married, we can work with you to write a prenuptial or postnuptial agreement that protects your financial interests and your access to your pets.

Contact Our Experienced Massachusetts Prenup Attorneys

While a prenuptial agreement cannot address child custody, pets are considered property in Massachusetts. This means that a prenup can address “custody” of a pet in a divorce. Our Boston prenup lawyers will collaborate with you to understand your priorities in the event of a breakup and help you develop an agreement that protects your relationship with your pets.

At Infinity Law Group, we offer proactive Massachusetts family law advice and legal representation to clients. We believe that an ounce of prevention is often worth a pound of cure, particularly when it comes to divorce. We can help you draft a prenup or postnup that addresses both your financial interests as well as your connection with your pets. To learn more or to schedule a free consultation with a Boston prenup lawyer, give us a call at 617-250-8236 or fill out our online contact form.