Albany Family Law Blog

Should you put your pet in your prenuptial agreement?

Posted by Joanne P. Monagan, Esq. | Dec 05, 2022 | 0 Comments

When you and your spouse had been dating for a few years, you decided to buy a dog together. Technically, you bought the dog, and you simply share it with your future spouse. Now you're engaged and planning for the future. 

You know you are going to be getting married in the near future, and you're interested in using a prenuptial agreement to protect some of your financial assets. Maybe you're a business owner and you want to make sure that a divorce won't impact your business, for example. Perhaps you have an inheritance and you want to make sure that it will all stay with you no matter what happens.

Should you also put your pet into this prenuptial agreement? Why would that be necessary?

Pets are property

The reason that it can be beneficial to put your pet into a prenuptial agreement is simply that the law sees your pet as property that you own, just like any other asset that you're bringing to the marriage. If you want to ensure that you don't have to share that ownership with your future spouse due to the commingling of assets, putting the pet in your prenuptial agreement is wise.

After all, if it becomes an asset division issue, then the court can decide which one of you should get the pet, and they may choose you. But they're not going to split custody between you and your ex. Custody is for children, not property. Adding your pet to your prenuptial agreement ensures that you know you're the one who will keep that pet in the event of a divorce.

The above is just one reason to use a prenuptial agreement. Be sure you know exactly what legal steps to take.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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