Divorcing couples face a lot of challenges when it comes to property division. The house, the cars, the collection of antique spoons – every couple has to figure out what they can and cannot live without. Over the past few years, however, we have noticed a particular trend with our clients when it comes to property distribution; namely, which one is going to keep the beloved family pet.

We have written about this before, because in Tennessee, the pets are considered property. That is no longer the case in Alaska, however, where “an amendment to Alaska’s divorce statutes… is making waves in the world of animal law. It makes Alaska the first state in the country to require courts to take ‘into consideration the well-being of the animal’ and to explicitly empower judges to assign joint custody of pets,” according to a piece in the Washington Post.

We must admit: we are not particularly surprised that a state passed such an amendment. Over the course of the last decade, we have seen more and more stores become “pet friendly,” noticed an increase in “yappy hours” at local restaurants, and have become accustomed to seeing emotional support animals on planes. Pets are a real part of the family, and determining who keeps “custody” of the dog, cat, or any other animal can cause serious anxiety (and a lot of contention) in even the most amicable divorce proceedings.

The laws remain the same in Tennessee

People in Tennessee love their pets just as much as people in Alaska (or anywhere in the country, for that matter), but our laws remain: unless pet custody is a specific part of your divorce agreement, a Tennessee family law judge is going to view that pet as a piece of property to be distributed, just like the house, the car and the spoons. That decision could be based on any number of factors and it will be final, unless you or your former spouse decide to modify your agreement post-divorce.

So, what can you do to ensure that your beloved family pet is treated right? The best idea is to work out a plan, either one-on-one or with the help of your divorce lawyer or a mediator, and make sure that you both get what you want. In some really heartbreaking situations, we have seen couples forced to give up their pets to shelters, and we want to help you (and your pet) avoid that scenario. Both of you should consider factors like:

• The amount of space you have for the pet. A large-breed dog, for example, may not fare well in a small apartment, or in a place where he or she cannot run.
• Your financial situation. If one of you is better-equipped to handle the expenses of food and vet visits, then perhaps the pet should reside primarily with that person.
• Your children. Some couples choose to the send their pet with their kids, because pets are a source of comfort.

Divorce can be complicated enough without the additional heartbreak of losing your pet in the process. At Miller Upshaw Family Law, PLLC, we help you create thorough, personalized divorce agreements with your best interests in mind – and we fight aggressively for your rights in negotiations and in trials. To work with an experienced Nashville divorce attorney from our firm, please call 615-391-4200 or fill out our contact form to reserve an in-person or video consultation.