In many divorces, pets are more than just animals—they’re beloved members of the family. However, when it comes to dividing property in a Minnesota divorce, pets are considered personal property, not children or family members, which means they are subject to the same laws as other possessions like furniture or vehicles.
Under Minnesota law, the court does not grant custody of pets in the same way it does for children. Instead, pets are treated as marital property, and the court will include them in the division of assets. If both spouses claim ownership of the pet, the court will consider factors such as who purchased the pet, who primarily cared for it, and who has the ability to provide a stable and safe home environment for the animal. In some cases, the court may award the pet to one spouse or order that the pet be sold or rehomed, especially if both parties are unwilling to agree on who will retain ownership.
While pets are considered property, there is room for negotiation in divorce settlements. If both spouses have an emotional attachment to the pet, they may be able to reach an agreement outside of court. For example, the spouses may agree to joint ownership, alternating custody arrangements, or even one spouse buying out the other’s share of the pet’s “value.” Mediation is a useful tool in these cases, as it allows both parties to reach a solution that works best for their situation without relying on a judge’s decision.
It’s important to note that if one spouse has primary physical custody of the children, the court may consider the children’s attachment to the pet and how the animal may affect the children’s well-being when determining which spouse will keep the pet. In these situations, a pet could become part of a larger custody or visitation arrangement.
Ultimately, while pets are viewed as property in Minnesota divorce law, many divorcing couples are able to work out amicable solutions that consider the emotional value of the animal. Consulting with an attorney can help ensure that pet ownership is properly addressed in the divorce settlement, helping to avoid additional stress for both the pets and their owners.
If you are moving forward with a divorce and want an experienced attorney to assist you, please call Rochford Langins Jarstad. Our attorneys practice primarily in Southeast Minnesota, including Wabasha, Dodge, Olmsted, Winona, and Goodhue Counties.