- United States
- Wisc.
- Letter
I am writing to urge you to introduce or support legislation similar to Pennsylvania's House Bill 97, which recently passed their House of Representatives with a 121-82 vote. This bill reclassifies pets as living beings that are generally regarded as cherished family members rather than inanimate personal property in divorce proceedings.
Under current Wisconsin law, pets are treated the same as furniture or appliances during divorce. This outdated approach fails to reflect how families actually view their companion animals and creates unnecessary conflict during an already difficult process. Pennsylvania's legislation offers a practical solution by requiring judges to consider the welfare of pets when determining custody, including factors such as who has historically provided veterinary and daily care, who can financially support the animal, and whether the pet was acquired before or during the marriage.
This approach is not just emotionally sound but reflects changing public attitudes. A recent Kinship study found that 24 percent of American couples now have prenuptial agreements specifically for pet custody, with that number rising to 35 percent for Gen Z. These statistics demonstrate that constituents increasingly view pets as family members deserving legal consideration beyond property division.
The Pennsylvania bill also includes important protections for service animals, ensuring they remain with the party who requires their assistance or with the party who has custody of a child under 18. Additionally, it allows parties to create enforceable agreements outside of divorce proceedings for pet care, reducing court burden while protecting animal welfare.
Representative Anita Kulik, a former attorney who proposed the Pennsylvania legislation, was motivated by witnessing pets used as leverage during divorce negotiations. Wisconsin families deserve the same protections. I respectfully request that you consider sponsoring similar legislation in Wisconsin to modernize our divorce laws and recognize the reality that pets are family members, not property.