Pet prenups are the hot new divorce trend

Kristyn Carmichael, an Arizona family law attorney and mediator, said in comments to BI that pet prenups often designate outright ownership, i.e., Fido belonged to Partner A before the marriage, so Fido will live with Partner A after the marriage.

But many arrangements also allow for a more structured pet parenting plan, not dissimilar to a custody agreement with kids — known in the industry as a “co-pawrenting agreement,” according to Levine.

The divorced couple could share time with a pet equally, or an agreement might designate one partner as a pet’s primary owner while offering the second partner “right of first refusal” should the first partner no longer be able to care for the pet, Carmichael said.

Many pet provisions also include financial details for the animal — known as “petimony” — such as vet bills, food and litter costs, and grooming, divorce experts said.

Without a pet provision included in a couple’s prenup, the fight over shared animals can get nasty, Newman said. In most states, pets are still considered chattel or personal property, so a judge will typically decide where a pet goes post-divorce if the couple can’t come to an agreement, divorce lawyers said. Similar to how a judge might decide custody of children, the court most often grants ownership to the pet’s primary caretaker.

“Still, the last thing a judge wants to do is deal with pet custody issues,” Levine said. “And the last thing pet parents want to do is spend thousands on legal fees going to court.”

The rise of pet prenups

Divorce attorneys who spoke to BI agreed that pet prenups have become increasingly popular in recent years. Out of nine divorce attorneys and mediators who discussed pet provisions with BI, eight said they had some firsthand experience with them.

Meg McKinney, a Maryland family law attorney, estimated that about one-fourth of prenuptial agreements these days include some sort of pet provision, while New York family law attorney Yonatan Levoritz put the number closer to 20%.

Pets aren’t just showing up in prenups, either. The Wall Street Journal reported earlier this month that people increasingly include their animals in their wills.

The rise of more pet-friendly laws falls in line with America’s growing obsession with our pets. Animal ownership is on the rise, especially in the aftermath of the pandemic, during which millions of households adopted a new animal during the drudge of social distancing. Joe and Cheryl Dillon, divorce mediators at Equitable Mediation, said in comments to BI that the pandemic pet boom was a contributing factor to the uptick in pet prenups.

“Pets are really very often a couple’s first baby,” Newman said. “And if you have teenagers, you may like your pet way better than you like your kids.”