North Carolina, like the majority of other states, treats pets as personal property. That means that in an equitable distribution (i.e., property division) case, the Court will distribute the pets using the same standards as used in distributing boats, motorcycles, artwork, jewelry, and other inanimate objects.
The one bright spot for pet owners in North Carolina is that pets are now protected under the domestic violence laws and a domestic violence protective order can include protection of the family pet.
Three states (Alaska, Illinois and California) currently have laws treating family pets more like children and empowering the Court to make decisions about pets that take into account the pet’s wellbeing, and not just its monetary value.
For now, divorcing pet parents in North Carolina are limited to contractual agreements regarding a pet’s living arrangements and financial support. Separation Agreements may include provisions for custody of the family pet, as well as provisions for financial support of the pet. Options include designating one spouse to have exclusive custody of the pet, or providing for a shared custody arrangement. The right of first refusal can be included so that in the event the custodial parent becomes unable to care for the pet, the other pet parent will have the opportunity to assume ownership prior to offering the pet for adoption. Health insurance for pets is becoming more common and a separation agreement can include a provision for continuing the coverage for the rest of the pet’s life. Another financial option is for the pet parents to agree to share the cost of veterinary care and mediations.
Providing security for your family pet is yet another reason to resolve your separation issues privately and out of court, using the collaborative divorce process or mediation instead of litigation.