Pup Prenups on the Rise in Massachusetts

by | Jul 15, 2024 | Divorce |

More couples are including provisions about what will happen to their furry friends should the marriage end in a Massachusetts divorce.

Even the best laid plans fail sometimes. Take marriage, for example. In 2022, there were more than 673,000 divorces and annulments in the U.S., according to data from Centers for Disease Control and Prevention. Although prenuptial agreements have historically been taboo or otherwise only useful for the ultra-wealthy, they’re actually becoming more popular.

Half of U.S. adults in 2023 reported they at least somewhat support using a prenup, according to Harris Poll data—a pretty significant jump from 2022 data. It’s not just the popularity of prenups that’s changed, but also their contents and coverage.

Typically, prenups detail the assets that each person has going into the marriage, what will remain separate property of each person, how to divide assets, and establish alimony. They’ll usually outline how to divide up homes, joint bank accounts, and other valuable assets. But now that 51% of pet owners in the U.S. not only consider their pets as much a part of their family as a human member, according to Pew Research Center, more couples are also including provisions about what will happen to their furry friends should the marriage end in divorce.

Indeed, 84% of pet parents support the idea of proactively deciding the fate of their pets should their relationship end, according to a survey of 1,000 pet parents conducted by Rover, a mobile app that connects pet parents with pet caregivers. Currently, more than one-fourth of co-pet parents have an official pet care agreement, such as a pet prenup.

What a pup prenup looks like

While many Americans see their pets as their children, the law still doesn’t. Therefore, the process for deciding pet custody is very different from that of human children, largely because pets can be brought into a relationship by one or both parents. That makes it much more difficult to determine to whom the pet belongs.

Many couples agree to share custody of their dog, with one taking the pup every other two months, which was outlined in their prenup.

While the law in most states treats pets as the “same as the antique vase” in a divorce, other states including New York, California, Alaska, and Illinois take into consideration the “best interest” of the pet. The “best interest” standard is the same one used in custody cases for children, but modified for pets. It considers who the pet spent the most time with, was taken to the vet most by, and who has the time to spend with the pet after the divorce.

Why having a pup prenup could be important

Not establishing a prenuptial agreement that includes your pet could get pricey.

In cases of co-parenting whether married or just in a relationship, it is recommended to outline  a “prepup” agreement, including agreements about financial responsibilities, veterinary care, and how involved new partners would be in co-parenting.

Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation.

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