Who Gets the Dog?

This is a difficult question, because you can’t divide the dog. If you owned the dog before marriage, it’s probably yours. If you purchased it together, you’ll have to negotiate, perhaps give up something else you want in order to get the dog. If it’s your show dog and your spouse has shared in its care, then your spouse has contributed to any gain in the dog’s value. The gain in value is a marital asset.

Often this is an emotional question rather than a legal one. Before commencing mediation with an attorney, a couple had arranged to share custody of their dog, Lydia, during their four-month separation. There had been difficulties. The husband wouldn’t return the dog on time; the wife wouldn’t give him a key to return Lydia when she wasn’t home. The attorney recognized that the real issue was that the couple was working out attachment and separation issues through the dog. Once this was acknowledged, she was able to help the couple talk about their grief and anger concerning the divorce. Afterward, they agreed that the husband would get Lydia and the wife would get the car.