Who gets the horse in a divorce?

WHO GETS custody?

More and more often, for HNW couples, a point of contention is who will retain the horse. Horses can be of substantial value and incur significant upkeep and maintenance costs.

If you owned the horse before the marriage, then it will be considered a non-matrimonial asset and therefore, ringfenced. However, if the horse was purchased during the marriage, then it will be considered a matrimonial asset, requiring a decision to be made as to who retains the horse.

In circumstances where parties are unable to agree, then a judge has the discretion to consider a number of factors, such as:

• Who purchased the horse, including any formal ownership documents;
• Who was primarily responsible for the upkeep and maintenance of the horse; and
• The views and wishes of the parties.

Upon determination, a judge can order one party to transfer the horse to the other by way of a property adjustment order.

In a less acrimonious divorce, if both parties wish to share the horse, then the parties may agree to a ‘time-sharing’ arrangement, much like custody of a child, deciding who will have the horse on which days or weekends.

CAN I GET MY SPOUSE TO PAY FOR THE UPKEEP OF MY HORSE?

The costs and upkeep of a horse can be extremely expensive, so one party may argue that the horse should be sold when exorbitant maintenance requests are made. In this situation, judges will consider the overall matrimonial pot and undertake a balancing exercise to see whether the upkeep of the horse is reasonable in context with the lifestyle of the parties and available financial resources.

To avoid dispute and uncertainty through litigation, parties can enter into agreements that deal with the ownership and maintenance of pets and assets from the outset.

Whether you are curious about the process, actively seeking guidance, or would like to discuss asset protection, Vardags is well equipped to provide you with tailored advice in the context of your assets and personal circumstances. Our esteemed family lawyers and unique financial forensics team will be sure to maintain your best interests, and provide the necessary advice required to achieve the best outcome for your case.   

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