95% of American pet owners consider their pets to be family members. It’s no wonder getting a prenup for your pets is so popular. Yes, you read that right–you can get a pet prenup to ensure your fur babies are protected in any scenario. A prenup with pet clauses in it can contain directions for pet custody, pet visitation, and pet finances (who pays for the food, vet bills, etc.). Let’s dive into all things pet-prenups below!
Why your pet needs a prenup
Divorce is messy enough, but what about Fido or Fluffy? Most states still view pets as property, leaving their fate in the hands of the law–which oftentimes does not result in a desirable outcome. A prenup can change that.
- Pets Aren’t Property: Unlike children, most courts don’t prioritize the pet’s “best interest” when dividing assets. Most states have an outdated view of pets, treating the division of ownership in the same way they would a piece of property without considering the pet’s best interests. A prenup lets you decide what’s best for your furry friend, preventing heartache.
- Prenup Provisions for Pets:
- Where your pet will live (primary residence or shared custody)
- Who makes medical decisions
- Who covers vet bills, insurance, and everyday expenses
- Visitation schedule (if desired)
- Changing Laws: While some states are becoming more pet-friendly in divorce rulings, laws vary wildly. And the vast majority of states still treat pets like property. Don’t leave your pet’s future to chance.
Key Takeaway: A prenuptial agreement isn’t just about protecting your money; it’s about protecting all your family members, including the four-legged ones. Especially with most states treating pets as property, you never know what the future could hold without a prenup.
Protecting your pet if you aren’t getting married
Prenuptial agreements are legal contracts only for those couples intending to marry. Therefore, if you and your partner are not planning to walk down the aisle, then you cannot get a prenup. But don’t worry; you can still get a cohabitation agreement outlining terms about your pets.
- What is a cohabitation agreement? In some states, you can get a cohabitation agreement which is similar to a prenup, except it is for couples who aren’t planning to wed. For example, a couple who lives together as boyfriend and girlfriend but never gets married or has no plans to may benefit from a cohabitation agreement. They can also be used for platonic roommates, too!
- Only in select states: Only some states enforce cohabitation agreements, so check with an attorney in your state to see if a cohabitation agreement makes sense.
- Protect your pet with cohabitation agreements: Not getting married? No worries! Cohabitation agreements may be used to protect your pet, too! In a cohabitation agreement, you can outline your pet’s custody, visitation plans, and/or financial responsibility, similar to how you would in a prenup.
- What else can you include? You can also include other topics in a cohabitation agreement, such as property division, debt allocation, how to treat the home, etc.
The bottom line: If cohabitation agreements are enforceable in your state, then it can be a convenient way to set out the rights and responsibilities of both parties for various topics, including your pet, should the relationship break down.
How to include pets in your prenup
Getting a pet as a couple is a joyous decision, but what happens if you split? Here are some things to consider when adding a pet clause to your prenup:
- Default State Law on Pet Custody: Shockingly, most states view pets like any other piece of property, such as furniture. If your breakup goes to court, judges look at who bought the pet and other basic property division principles, not who provides the best care.
- Prenups Cover Pet Ownership: Who will be the primary owner of the animal? Typically, people choose to assign one person the full-time ownership, though you can decide on visitation rights for the non-primary owner. For example, Katie and Tom are getting a prenup that says all of the dogs will remain in Katie’s care should they ever get a divorce.
- Prenups Cover Pet Costs and Care: With a prenup, you can determine who covers the pet’s costs and care, such as vet bills, expensive dog food, treats, toys, and boarding costs. Deciding now prevents future conflict. For example, Melissa and Dan get a prenup that states Melissa and Dan will share custody of the pets, but Melissa will be responsible for all vet bills, food, and other expenses.
- What About “Visitation” Rights?: While not legally the same as child custody, planning for shared pet time can ease emotional pain for everyone involved. It’s best to discuss this when you’re still on good terms. For example, even though Fluffy will live with Sarah, Johnny gets to take Fluffy overnight two weekends a month.
Key Takeaway: There are many different ways to incorporate your pets into a prenup, from ownership to visitation to costs and care. Make sure you discuss all of the possibilities with your partner before tying the knot!
The bottom line on pet prenups
Whether you’ve got a pampered pooch, a cared-for kitty, or even a cossetted chipmunk, we are sure that you love them deeply. If you’re looking to get married and are interested in finding out more about how a prenup can protect the future of your fur baby, then getting a prenup may be something you should consider! And even if you’re not getting married, check with a local lawyer to see if cohabitation agreements are enforceable in your state!
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at Hello@Helloprenup.com.
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