Dividing property in a Washington state divorce can be difficult due to the complexity of some assets, such as stocks, deferred compensation, and family businesses. However, it can be excruciating when it comes to pets due to the intense emotional attachments involved. Under Washington state law, pets are considered property. Consequently, no custody fight will ensue as it would for a child, though it may feel like one as you and your soon-to-be ex battle over who will keep your beloved pet after divorce.
One way couples can avoid this type of dispute is to sign a prenuptial agreement before marriage that includes details about what would happen to their pet if the marriage ended. Without a prenup, a judge would make the final ruling.
Since judges don’t know you or your soon-to-be ex personally and won’t learn much about your situation, your pet, and the details about how your pet came to be a part of your family before hearing your case, you risk a lot by putting the power over your pet’s ultimate placement solely in a judge’s hands. A judge won’t likely have more than a cursory opportunity to evaluate the facts you and your ex each present to the court regarding your companion animal.
Does the uncertainty scare you? If it does, a pet prenup (or if you’re already married, a pet postnup) drafted by a Seattle prenuptial agreements lawyer may be just the thing to offer you the peace of mind you want. This is what you need to know about marital agreements in Washington state.
Understanding Community Property in Washington State
Washington is a community property state. Community property is generally everything that either party acquires during a marriage. The key here is the word “generally,” as certain exceptions apply, perhaps most commonly in the case of gifts by a spouse during the marriage or inheritances received by either spouse.
Community property can include real estate, tangible assets, the earnings of both spouses, interest earned on investments, capital gains, and retirement benefits. This also means that debts either spouse accumulates during the marriage will generally be considered community debt to the court. Spouses share responsibility for community debt unless a court order or enforceable agreement determines otherwise.
Separate property, in general, will be the funds, real estate, investments, heirlooms, etc., that a spouse acquires before the marriage or after the date of separation. Separate property commingled with community property, such that the two can no longer be distinguished, is treated as community property.
Based on the above definitions, if one spouse owned the pet before the marriage, it
would be placed into the category of separate property. In a divorce without any other extenuating circumstances, a pet that came into the marriage as separate property would stay with its original owner, and a pet that was adopted by a couple after marriage would be seen as community property and treated that way for the purpose of asset division. However, like most legal matters, there’s room for interpretation based on the facts of every case.
Important Information to Keep About Your Pet When You Do Not Have a Pet Prenup
When asserting pet ownership, it’s crucial to have supporting evidence on hand. Courts consider several factors when deciding which spouse should keep the couple’s pet in the event of a divorce. These factors may include:
- Which spouse originally purchased or adopted the pet.
- Whether the pet was a gift.
- Where the pet primarily resides, and who cares for it day-to-day.
- Which spouse is listed on the pet’s registration or microchip.
- Veterinary records.
- Who takes on financial responsibility for the pet.
- A bill of sale or adoption paperwork.
- The pet’s market value.
- Whether the pet has a significant bond with any children in the household.
Generally, the better and more detailed records you keep, the easier time you will have making a case for ownership and pet “custody.” So, keep that in mind whenever you purchase or adopt a pet. This holds whether you are not yet married or have been for years when you become a pet parent.
Note that if an enforceable prenup exists stating who will be awarded the pet, a Washington court will not look at any of the listed factors to substitute its judgment and replace the couple’s pre-agreed decision with its own. The court will simply enforce the prenup.
Pet Postnuptial Agreements
If you are already married and want to protect your pet in a possible divorce, you are in luck: Pet postnuptial agreements can achieve similar objectives to pet prenuptial agreements.
Postnuptial agreements are similar to prenuptial agreements in terms of what they can address, but they can also account for changes that arise after the marriage. Married couples may use a postnuptial agreement to outline how they want their assets divided and to set the terms of any spousal support they agree to in the event of a divorce. A postnup can also clarify how assets, including pets, should be handled if the couple separates or divorces.
These agreements can be beneficial if one spouse realizes the other isn’t as financially responsible as they initially believed or if one partner decides to leave their career to care for children full-time. In both cases, the couple’s financial situation may have shifted in ways they didn’t anticipate before getting married. A postnuptial agreement provides a way to plan for future contingencies and address concerns stemming from those changes.
How Unmarried Couples Can Protect Pets in a Breakup
Many unmarried couples who cohabitate also share a pet. Given that unmarried couples don’t have the same protections married couples do regarding property, having a cohabitation agreement that addresses pet ownership can offer unmarried pet owners security.
A cohabitation agreement outlines each partner’s rights (many of the same rights typically associated with marriage). It also establishes you and your partner’s desired outcomes should you part ways. More specifically, your cohabitation agreement can establish which of you is the pet’s primary owner and who has financial responsibility for the pet.
Don’t worry if you and your partner are already living together and have a pet; like a postnuptial agreement, you and your partner can enter into a cohabitation agreement at any point during your relationship, not only at the beginning. A Seattle cohabitation agreement lawyer can help.
Find a Seattle Family Law Attorney to Create a Prenuptial Agreement or Postnuptial Agreement That Includes Pets
Prenuptial agreements can seem like a foreshadowing of a doomed marriage. However, they can be invaluable in leaving less to chance should divorce become imminent. When there are fewer details to argue over, the divorce process usually resolves more quickly and, as a result, saves you money, not to mention stress. Even the most amicable divorces can give rise to unexpected emotions.
At Elise Buie Family Law, our team of Seattle family lawyers has extensive experience and skill in drafting prenups and postnups. We are also pet lovers. Therefore, we understand how important your pet is to you and can help you formulate a prenuptial agreement to protect your relationship should you and your spouse separate. Call us at our Seattle office today or schedule a time to talk.
