The divorce court in Indiana will most likely treat your pets as property. The law sees them as property despite them being living beings. It does not provide for pets as it does for children.
It is in your best interests to plan for your pets as part of your prenuptial agreement. If you leave ownership up to the courts, it could lead to devastation. Business Insider suggests ironing out the details in your prenuptial agreement so that if you divorce, there will be no argument over what happens with your pets.
Treat them like children
Even though the law sees pets as property, you likely see them as family members. It makes sense, then to address them as you would a child in your prenup. Consider all the important details, including physical custody, visitation and financial support.
When it comes to custody and visitation, you may decide whatever you want because there are no laws pertaining to these things. You could develop a plan that mimics a child custody plan. For example, you might have physical custody with your spouse getting visits on some weekends or weekdays. You may even develop a special arrangement where you share custody and alternate who has the pet each week or month.
As far as financial support, this is up to you and your spouse. Pets can be expensive since they require regular medical care. Think about potential issues, as well, such as diseases or injuries, that could lead to high medical expenses. You may also want to include special needs, such as grooming costs or daycare costs.
The terms of your prenuptial agreement are up to you and your spouse, so it is a good idea to include everything you legally can, which means putting your pets in the document.