Pets are becoming part of families in most households. Many states are seeing pets as more than property. In Michigan however, animal companions are still considered personal property, and that property is subject to division and distribution by courts in a divorce in Michigan.
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In March 2017, there were pets in at least 55.4% of Michigan households.
One dog at least in 34.6% of Michigan households. In Michigan, there are 2,036,000 pet dogs in total. One or more cats are present in 31.3% of Michigan households. In Michigan, there are 2,420,000 domestic cat owners.
This dog and cat population in Michigan alone creates a huge market for pet care products. The worldwide pet care market is anticipated to reach a value of US$ 199 billion by the end of 2022 before growing rapidly at a compound yearly growth rate of 6.1% to reach US$ 338.5 billion by the year 2031.
Pets are cherished family members who offer support at all stages of life for many individuals. They can be a couple’s ally in strengthening their bond, playmates for young kids, and companions for parents when kids move out. A study showed a pet was owned by 63% of US households with infants younger than 12 months, while a 10% rise in pet ownership was observed in Australia around the time when children began attending school.
The Amazing Truth Revealing Why People Love Pets
It is simple to ignore the link between humans and animals as a one-way path. To provide for their fundamental needs of food, water, housing, and welfare, pets depend on their owners. However, humans can benefit from their companion animals in a different way.
According to research, having a pet can lower blood pressure, reduce stress, increase oxytocin levels in the blood, and, in some circumstances, possibly lessen physical pain. People who live with dogs are 15% less likely to die from heart disease, according to Bayer.
Pets can help with other human health issues as well. Companion animals have a positive impact on the elderly. According to Bayer, loneliness can aggravate disorders including depression, coronary artery disease, and dementia. Seniors can benefit both physically and mentally by associating with companion animals. Children’s emotional, cognitive, social, and behavioral development might lead to similar outcomes.
Animals may provide comfort and strength. Therapy dogs are the ideal candidates for this. At times, they are introduced into hospitals or nursing homes to help patients feel less agitated and anxious.
Dogs are also helpful in the classroom. According to one study, dogs can help ADHD children with their attention and focus. Researchers recruited two groups of children with ADHD in 12-week group therapy sessions. The first set of kids read aloud to a therapy dog for 30 minutes each week. The second group read aloud to puppets in the form of dogs.
Children who read to live animals displayed improved social skills as well as an increase in sharing, collaboration, and volunteering. Additionally, they had less behavioral issues.
Taking care of an animal may teach kids important lessons about empathy, responsibility, and caregiving, according to many parents. According to Megan Mueller, an associate professor of human-animal interaction at Tufts University in the US, it’s crucial for children, especially younger ones, to learn that other people may view things differently than they do. It might be easier to learn lessons from an animal than, say, your sibling or a peer.
Another study found that guinea pig interaction in the classroom reduced hyperactivity in kids with autism spectrum disorder. After interacting in a supervised group with guinea pigs for 10 minutes, the children’s anxiety levels dropped. The children had better social connections and were more involved with their peers. According to the researchers, the animals provided the kids with unconditional love, which made them a reassuring source of peace.
This Is The Practical Way Courts In Michigan See Pets In Divorce
Animal companions are still regarded as personal property regardless of where you reside. And in a divorce, that property is up for division.
All states prohibit the division of property regarded as one spouse’s separate property, such as those the spouse inherited or possessed before the marriage. Therefore, if one spouse owned Garfield the Cat before the marriage, Garfield stays with them following the divorce.
Michigan divorce law does not provide for “custody” or “support” for pets. If the spouses are unable to agree on who should get to keep a cherished pet, a judge may have to make the decision, in accordance with Michigan law, which mandates an equitable division of property.
According to the rule, courts are only absolutely permitted to give a pet to one owner or the other. According to the law, allowing the couple’s pets shared custody or visitation would be the same as letting them switch out their televisions every week.
The collaborative divorce method is one technique for Michigan pet owners who are considering divorce to make sure their animals are handled with kindness.
The pet can be awarded to one party with the condition they be responsible for the animal’s care and maintenance, making it simpler for the court to determine the creature’s one-time assessed value. Pets do not have the same intrinsic entitlement to upkeep as children do.
The pet will probably be given to the spouse who brought it into the marriage if there is a divorce. The court may, however, take into account a number of factors, such as who looks after Garfield the Cat. Whether the pet is separate or marital property will be the first issue the court will examine.
The answer to this question usually depends on whether one of the parties owned the pet before the marriage. There is no reason to think, however, a pet cannot be acquired as marital property through commingling, just like any other property.
When anything that was once distinct property merges with the marital estate, this is known as commingling. Unless it is combined with marital assets, an asset that one individual brought into the marriage or inherited during the marriage is considered separate property.
A pet might become marital property if it is cared for with money from the marriage. This includes using marital assets to provide the pet with the food, vet care, and other necessities. Although the court will consider all the circumstances, it is more likely the pet would be considered marital property the more jointly money is used to care for it.
Who has custody of any children from the marriage may be one of the more persuasive reasons a court will take into account when deciding where a pet should live after its owners split. Although pets are normally seen as property by the courts, because they are also concerned with the children’s best interests, they may rule the animal should remain with the kids.
Who Gets To Love The Pet After A Michigan Divorce
Who gets to keep the pets when a married couple gets divorced is a common concern. The laws for pets are intended to favor the owner as opposed to human children, whose best interests are protected by laws allowing for shared custody, visitation, and alimony. Pets are regarded by the law as personal property to be owned and controlled by humans.
In divorce proceedings, judges are granted some discretion in deciding what is best for the family. As a result, the courts have occasionally stepped in to fill the gap in areas where there are no statutes addressing the issue of “who gets the dog in a divorce.”
Although it may not be legal for judges in such areas to grant visitation or custody rights for pets, some have done so by considering other criteria outside the animal’s monetary value when deciding which spouse should own it. Among those elements are:
- Who purchased the animal, and whose name appears on the ownership documents?
- Who is primarily in charge of providing for the pet’s needs, such as ensuring that it receives proper nutrition, is fed, is properly groomed, and is given appropriate exercise?
- Who has covered the cost of the animal’s upkeep?
- Will a spouse’s job schedule afford them enough time to properly care for the pet?
- Which spouse will have enough space in their home to care for the pet properly?
- Has either partner ever abused animals before?
- Has the couple a child who is so devoted to the animal that their separation could harm the youngster’s wellbeing?
It’s conceivable a judge would take action if the last bullet point represents a valid concern for the children.
The court may also take into account a number of the following concerns or reasons before making a decision:
- Does a prenuptial contract exist? If so, was the pet covered under the contract? If the pet is pricey, special, or uncommon, couples may discuss it in a prenuptial agreement.
- Did one partner bring the animal into the union? If the animal was a wedding gift, it might not be regarded as marital property.
- Is the animal priceless? Is the animal a liability or an asset? A pet can occasionally be both emotionally and financially rewarding. It can be much more challenging to give ownership if it will complicate your settlement agreement if your pet is older or requires ongoing medical care.
Due to the increasing importance of pets in our lives, some courts are starting to rethink this approach and are prepared to consider animals more like children. This has mostly happened to dogs thus far.
When deciding who should have custody of the animals, the courts have taken their best interests into account. Additionally, they have granted the owners joint legal custody, visiting rights, and alimony payments. Owners frequently come to an agreement between themselves in place of a court if the latter is hesitant to do so.
Cost of ownership is one thing to consider when selecting who gets the pets in a divorce. When you factor in food and supplies, veterinary visits and vaccinations, grooming and boarding, you may easily spend more than $2,000 a year on a cat or a dog.
American pet owners adore them! In the United States, pet owners spend $111 on their pets on a monthly average. When asked if caring for their pets had helped them become more responsible and more equipped for fatherhood, 33% of young adult pet owners agreed.
For many couples, caring for someone else is almost a rite of passage allowing them to practice parenting and prepare for adulthood. Being a “dog mom or dad” can be a terrific way for couples to work together as a team because of the attachments formed while sharing a pet and the responsibilities that come with pet care.
It’s impossible to ignore how much having pets enriches our lives, therefore it’s understandable that when partnerships break down, having pets together can lead to hurt, resentment, and legal issues. Being that pets are regarded as property in Michigan, disputes over who gets to retain the cherished family dog or fish might result in lengthy discussions.
If you and your estranged partner are unable to come to an agreement over pet ownership through dialogue, the court will decide who will own the animal after the divorce.
You may need to make concessions regarding your common family pet as you haggle over the sofa and dining room table. Pets are treated as marital property just like any other item, therefore the answer to the question of who will get your pet depends on whether you have a prenup on file or can provide the court with proof of your ownership. The court’s decision on any pet-related issues will be based on statutes governing equitable property distribution.
There are still unsolved questions even if the laws were to be changed to allow for more factors to be taken into account when considering pet custody. Example of unsolved questions such as which relationships and which species should qualify for protection. Judges’ open minds and the parties’ innovative arguments are currently just beginning to set the foundation for future case law. Laws governing pet custody appear to be most susceptible to modification right now.
A service animal will nearly always remain by the person who requires its aid because the animal has been trained to carry out specific activities and support.
Emotional support animals may not necessarily be exempt from that restriction.
Nevertheless, you should obtain confirmation from a licensed healthcare professional or therapist to back up your belief if you think your pet is important to your mental health. Of course, if your husband behaves similarly, the judge will have to consider all of the facts before choosing who gets the pet in the divorce.
A Practical Alternative To The Court’s Mind In Michigan
Couples should try to agree on pet ownership so the court won’t have to get involved. Couples may have a higher chance of settling their divorce amicably if it is uncontested.
Following are some inventive approaches for transferring ownership or joint care of pets:
- The pet and its related expenses are assumed by one party.
- The pet’s ownership and all associated expenditures are divided between the ex-spouses.
- Although only one side is financially and physically in charge of the pet, both parties spend time with it.
- With a custody order, the pet will operate according to the same schedule as kids.
It’s crucial to remember that you must make plans for each pet if you have two dogs and a cat or any other combination of multiple pets. Each pet is regarded as a unique asset or liability.
Divorcing couples can settle their pet dispute during mediation. There’s a word for this settlement: petimony.
Petimony is an alimony-like payment or financial assistance provided by one spouse to the other for the support of an animal.
It differs from spousal support, which is money given during a divorce or for a certain amount of time afterward to help the former spouse maintain their marital lifestyle. Petition differs from child support in that a child has a legal claim to maintenance from their parents, whilst a pet does not.
Some courts have endorsed settlement agreements providing one party not just custody but also petimony as well.
You and your spouse don’t have to let the judge decide what will happen to the family pet. You could come to an arrangement between yourselves instead. You can do this via a prenuptial agreement before getting married or when you’re working on your divorce settlement agreement.
Therefore, even if your state doesn’t have a specific statute governing companion animals in divorce, you can still virtually circumvent it by converting your prenuptial or settlement agreement into a “pet custody” agreement.
Both you and your ex are required to abide by the provisions of these agreements because they are regarded as legally enforceable contracts.
In the end, both parties in the divorce will have to consider if their pets are worth the additional time and lawyers fees added on top of the already costly divorce case.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.