Who Gets the Pet in an Indiana Divorce?

In divorce proceedings, determining which party retains possession of the family pet can be highly contentious. Despite the emotional connection people have to their pets, Indiana law does not recognize pets as family members in divorce proceedings. Instead, pets are classified as personal property and are subject to the same legal framework governing the division of other marital assets.

The Indiana Court of Appeals has made clear that Indiana is aligned with the majority of states, which also have refused to apply custody laws or considerations to disputes over a pet. In Indiana, all marital property, including pets, will be divided by the court in a just and reasonable manner. The court’s goal is not to achieve a precisely equal division, but is instead more broadly focused on an equitable outcome based on the circumstances of the case. Because family pets are considered personal property in Indiana, the court will give more weight to the individual property rights of the parties over the pet, rather than their respective abilities to care for that pet. Although Indiana courts do not apply a “best interests of the pet” standard, a court may take into consideration factors such as:

• Who originally owned the pet;
• Who has been the primary caretaker of the pet; and
• What costs may have been sustained by either party in caring for the pet.

It is important to remember, however, that any consideration of these factors will be under property division rules, not child custody guidelines. If divorcing parties are able to come to an agreement as to custody of their pet, or there was a prior written agreement dictating ownership of their pet, the court will often accept that agreement. If the divorcing parties are unable to agree to shared custody, the court will defer to property law. In such a case, whichever spouse is awarded the pet will have sole possession of the pet and is not obligated to share possession of the pet with the other party.

If you are preparing for a divorce and are concerned about retaining possession of your pet, be prepared to show evidence of your involvement with the pet. This might include:

• Receipts of purchases made for the pet, including food, toys, or other supplies;
• Veterinarian records of medical bills and appointments made; or
• Costs associated with the adoption or acquisition of the pet.

If you have any questions or need help dealing with pet custody during divorce proceedings, whether that’s litigating a dispute over who should keep a pet or trying to negotiate an arrangement that may be acceptable to the court, please contact McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.