Dog care during divorce: Your rights & obligations


Questioner

I am divorcing my wife and we have a dog together. I do not want to keep the dog and she does want to, but we have to take care of it together. This will cause me extra costs and I will have less time for my children, for example, because the dog also needs care. Can I ask for financial compensation for this and/or can I refuse to take care of the dog?

Lawyer

Often the arrangement is included: 'dog follows children'. This means that the dog and the children always remain together. If you do not want to continue to care for the dog, your wife can ask for a maintenance allowance for the dog.

Questioner

Thanks for your response. The problem is that I initially offered a maintenance allowance (contribution to dog tax, co-payment of any medical costs, food) and a financial contribution (€5000) from which my future ex-wife can, for example, hire a dog walking service. I have also offered to look after the dog during the short holidays, when the children are with me. Can I be obliged to continue to care for the dog? She wants to keep the dog and I think that is fine, but then she must also take care of the dog.

Lawyer

Legally, the dog is nothing more than a car or a house. Whoever takes over the dog (and gets full ownership) must also bear the maintenance costs. Or the dog is sold. If the dog is important for the stability of the children, then it is reasonable that you share the costs of the dog between the two of you.

Questioner

The costs are not so much the problem. It is more about the care for the dog. Can my wife oblige me to also take care of the dog? If the dog is part of the household effects, then I don't think so. The same goes for plants or a car, right? The owner takes full care of it

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