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In New York, Lundell said the law as it pertains to divorce has evolved.

“New York law looks at pets in the context of divorce differently in recent cases and instead of treating pets simply as property, courts have applied a standard of ‘what’s best for all’ meaning owners and pets,” she said.

The goal is to try and resolve what’s in your pet’s best interest and ensure they are well taken care of because at the end of the day, their well-being is what’s most important.

Couples can lay out a plan in their prenup if a divorce happens, like who will pay for pet insurance (if applicable), veterinary bills and everyday living expenses along with medical decisions.

Many are also including a “shared” custody schedule for their dog. Although the issue of child custody is not allowed in a prenup, Lundell said there are couples who stipulate the family pet will follow the same parenting schedule as the child. By doing so, the child and pet are able to remain together which creates a sense of stability in an unstable situation.

When Deborah, who asked that only her first name be used, and her husband drew up their prenup, they had clear goals about what they wanted in their relationship, which included children and a dog. For them, it made sense to blend the two together in their agreement.

“The thinking behind this was that the child would probably have an emotional attachment to the dog and having the dog around could help to create stability for the child should we divorce,” she said.

For unmarried couples who are pet parents, a prenup isn’t an option. But doesn’t mean you can’t protect yourself in the event of a split, according to Gordon. While there is no specific name for it, non-married couples can still have an attorney draft an agreement that will address the issue of what happens to the dog should they separate.

\"I’ve also noticed pet rescue organizations now have questions on their adoption applications that ask what will happen to the pet in the event of a split,\" he said, \"so a contract is definitely something to consider.\"

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