Divorce can be incredibly emotional. However, matters may be made worse if you and your spouse have a pet, as you may be unsure of who will be awarded ownership. Under New Jersey law, pets are treated like personal property. This doesn’t mean, however, that your furry friend will be treated like a coffee table or pile of books. If you have any questions about how pet ownership after divorce works or how you can make your best case for why you should continue to care for a pet after divorce, our experienced Mountainside property distribution attorneys are ready to assist you.
How New Jersey Courts Treat Pets in Divorce
Though you may love your pet like a child, it’s important to understand that, in New Jersey, pets are not awarded the same rights as children during a divorce. As such, the courts will view them as personal property, thus impacting what the court can and cannot order regarding your pet.
Pets Are Not Treated Like Children in NJ Divorce
- Courts do not apply the “best interests of the child” standard for pets
- Pets are typically handled through property division
- Disputes may be resolved through negotiation or mediation
Why Pets Are Still Different Than Furniture in a Divorce
Though pets are considered personal property during a New Jersey divorce, the courts still understand the value that pets provide, which can ultimately impact settlement agreements and negotiation efforts.
When the Pet Is Separate Property vs. Marital Property
When you and your spouse file for divorce in Union County, your property will be divided according to its classification. Generally, any property acquired before the marriage that is kept separate is considered separate property and will not be subject to division during the divorce. However, property acquired during the marriage, by either spouse, will be considered marital property. As such, these assets will be subject to division in accordance with NJ Rev Stat § 2A:34-23.1, which defines New Jersey’s equitable distribution of property method.
If You Adopted the Pet Before Marriage
If you adopted the pet prior to marriage, the following evidence can be used to help prove ownership:
- Adoption and registration paperwork
- Veterinarian records in one spouse’s name
- Microchip registration in one spouse’s name
If the Pet Was Acquired During Marriage
However, if the pet was acquired during the marriage, it will be considered marital property, even if one spouse is the primary caregiver. Evidence that can help establish a pet as marital property includes:
- Adoption records
- Receipts for adoption fees
- Pet insurance policies
- Pet licensing
- Vet invoicing and payment history
Do You Need the Court to Decide Who Keeps the Pet?
While the court can make the ultimate decision regarding who should keep the pet, in general, you do not need court intervention. In many instances, court intervention is not in your best interest.
Agreement Outside of Court
Reaching an agreement with your spouse outside of court is generally the best-case scenario in these instances. Not only does this allow you and your spouse greater control over the outcome, but you can also reduce costs by avoiding court. This, in turn, also helps to increase the speed of your divorce, as you won’t have to wait on the court’s schedule.
Mediation Can Help
In the event that pet ownershipis a hotly contested issue, which is not uncommon in many divorces, attempting mediation can be incredibly beneficial. This is a form of alternative dispute resolution that allows you and your spouse to compromise under the guidance of a neutral third-party entity, known as the mediator. Mediation can:
- Help couples reach an agreement without litigation
- Reduce conflict and tension
- Allow for creative arrangements that benefit both parties and the pet
What Should Be Included in Pet Ownership Plans?
Even though the New Jersey Family Court will not treat a pet like a child or create a pet parenting schedule, couples may create a written agreement that the court can include as part of their divorce settlement.
Primary Ownership
- Where the pet will live most of the time
- What happens if the primary owner relocates
Visitation/Shared Time
- Schedules for visitation
- Holiday schedules
- Summer travel considerations
- Drop-off and pick-up locations
Expenses
- Basic expenses (food, treats, supplies)
- Vet checkups
- Emergency care (should include a spending cap and approval considerations)
- Pet insurance, if applicable
- Grooming
- Daycare and boarding costs
Decision-Making Rights
- Who determines what medical treatment the pet receives
- Who has the right to choose veterinary care
- End-of-life protocol
How to Strengthen Your Case to Keep the Pet
While pets are seen as property, most judges during a New Jersey divorce case are going to understand that a dog, cat, or parakeet you have adopted should not be treated exactly like some furniture you received as a wedding gift. You will often have the chance to show that you are the best possible owner for the pet you have shared. As such, if you and your spouse are unable to reach an agreement outside of court, you can do so by showing that:
You Were The Primary Caretaker
- Daily feeding the pet
- Daily walking and grooming
- Scheduling vet visits
Proof may include photos, texts, or vet records
You Are Financially Responsible For The Pet
- Consistent payment of vet bills
- Stability in employment and income
- Ability to handle any emergency expenses that arise
You Have A Good Home For The Pet
- Access to a fenced-in yard or nearby walking area
- Housing is pet-friendly
- You have the ability to be home with the pet
- Stability in the household
Special Situations That Can Impact Pet Ownership
While the New Jersey courts will treat pets like property during a divorce, there may be extenuating circumstances that have a significant impact on the outcome of divorce settlements.
Children Are Involved
Going through a divorce can be incredibly difficult on a child. However, when a pet is involved, it can become even more emotional, as they may share a bond with the animal. As such, disrupting this routine may create unnecessary stress for a child.
- A child’s bond with a pet may be a primary reason to keep the animal with the parent awarded primary custody
- It may be better for the pet to remain with the children
- Couples may create pet-exchange agreements so the pet is always with the children
Service Animals and Emotional Support Animals
In the event that the pet is a service or emotional support animal, the considerations surrounding ownership may shift significantly.
- A trained service animal is generally connected to disability-related functions and typically may not be “shared” in the traditional sense
- An emotional support animal may not be trained for tasks, but they may still be necessary for treatment needs
- Documentation, including letters from medical providers and training records, can help prove necessity
Meet With Our Union County Divorce Attorneys
If you are concerned about who will get to keep the pets after a divorce, contact Ross & Calandrillo. We can schedule a consultation and tell you more about what our compassionate attorneys can do to help you fight for the best possible outcome.
