Gelman Family Law Lawyers

Over 200+ 5-Star Google Reviews

Book Consult

Pets and Divorce

Published: November 14, 2012

Book Consult1-844-736-0200
Pets and Divorce

Most people consider their pets a part of their family—but what happens when divorce puts pet custody on the line? Couples often plan pet custody arrangements during their divorce proceedings. Your Richmond Hill divorce lawyer will be able to help you come up with a solution that works for everyone involved: you, your ex, your kids, and your pets.

Your Richmond Hill Divorce Lawyer and Your Pet

Your Richmond Hill divorce lawyer will probably suggest that you and your ex work out pet custody together. You’ll have a few options, but ultimately, you can either let your spouse have your pet some or all of the time, or you can keep your pet full-time. If you cannot agree with your ex on a reasonable arrangement for your pet, you and your Richmond Hill divorce lawyer might need to consider mediation or arbitration.

Pet Custody: Considerations

Naturally, you want what’s best for your four-legged family member. While you and your Richmond Hill divorce lawyer are trying to figure out your pet’s best interest, you’ll need to consider a few things:

  • Will your living arrangements accommodate your pet?
  • Where will your kids spend most of their time?
  • How attached is your pet to you (or to your ex)?
  • Do you have enough time to give your pet the attention he or she deserves?

It may hurt to admit, but if you’re moving to a small studio apartment and want to take your Great Dane, he or she might be better off in your ex’s roomy house. Additionally, if your kids are living with your ex, your pet might be better off sticking with them. Your Richmond Hill divorce lawyer will advise you to look at these considerations, and probably several others, so you can decide what’s really in your pet’s best interest.

Options for Pet Custody

Some couples choose to allow their pets to live full-time with one spouse or the other. However, it doesn’t have to be all-or-nothing. You and your spouse might decide to trade off weeks or have set periods of visitation. If you have kids, the pets might come and go with the kids. Since you and your ex will be working out your own arrangement, you’re only limited by your own creativity.

Since pets are much more than marital property to be divided, talk to your Richmond Hill divorce lawyer if your ex won’t come to an agreement with you. Your lawyer might be able to suggest other options or help you find a solution through the use of a mediator.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - property division

The best way to protect your business during a divorce is to designate it as separate property in a prenuptial agreement. Your pre-nuptial agreement will serve as a protection because it ensures that your business is still a separate entity no matter how much your spouse contributes.

No, a limited company is not protected from divorce. Business assets such as shares in a limited company, assets owned as a sole trader, or an interest in a partnership can be considered part of your divorce financial proceedings.

Yes, a business is considered marital property, especially if acquired during the marriage and with joint funds. If this is the case, then its value should be shared by the couple equally upon divorce.

When you separate or divorce, you could be forced to share the inheritance with your spouse if you are not careful with what you do with it. As long as you received your inheritance during the marriage, you can exclude the value of the inheritance you left on the date of separation from your net family property.

If you are legally divorced, then most likely, the division of all of your assets and debts occurred at the time of divorce, your ex spouse would have no right to property acquired after the divorce, including inherited money or personal property received after the divorce.

Future inheritances are not taken into account when dealing with the financial aspects of a divorce, but if it is expected that the person making the bequest will die in the near future, and if the inheritance is likely to be substantial, it may be.

Yes you can. What you can do now is for you and your wife to designate the second home as the matrimonial home, and register it as matrimonial home before the land registry office. After doing so, the first home that you purchased using your inherited money will no longer be considered a matrimonial home. In this case, you can now exclude the amount you paid to purchase the first home from the net family assets.

No. You cannot exclude an inherited property that was already used and no longer existing at the time of separation.

Locations We Serve

Multiple offices to help serve you better

With numerous offices across Ontario, we make it easier for our clients to have access to our lawyers. Please note that offices marked with an (**) are satellite offices and require a consultation booked in advance. We are not able to accommodate walk-in appointments at these locations. Call us to book a free consultation today.

Still have family law questions?

Speak to a lawyer

If you need legal advice regarding property division matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

Book Your Consult