What Happens to Pets in a Divorce?

Family pets occupy a unique and nuanced place in New Jersey family law. While obviously falling short of a Constitutional issue akin to custody of a child, dedicated pet owners elevate their companions above simply classifying them as chattel with divisible equity incident to divorce. 

With over 70% of American households owning pets, the question of divorcing spouses’ rights to them is a question that commonly leads to conflict. 

The reality is that pet custody in divorce is more complex than many people realize, and the legal landscape around these cases continues to evolve as courts increasingly recognize the deep emotional bonds between families and their pets, which is a concept that transcends a conversation of property rights (especially when children and best interests principles are in play). 

The rise of pet ownership disputes in divorce 

Pet ownership disputes have become increasingly common in divorce proceedings. 

However, pet custody isn’t an explicitly recognized legal right in New Jersey. Pets are technically considered personal property under state law, rather than persons. This legal reality can be frustrating for couples who view their pets as beloved family members. 

The myriad of problems attendant to such cases are driven by Solomon’s reality that, unlike other disputed issues with clear directives under the law such as financial support and child custody rights, pets can’t be divided or sold. New Jersey case law has accordingly included pets as a special class of property where subjective sentimental value becomes relevant in deciding which party will retain ownership. 

Navigating the nuances of this charcoal grey corner of the law obviously requires a sophisticated understanding of the relevant factors that go into protecting your rights, whether as part of the negotiation process or litigation. 

What factors are considered in pet ownership disputes? 

Judges or arbitrators resolving pet ownership disputes at divorce must apply laws that effectively exist at the intersection of contract and family law. There are no brightline rules or enumerated elements that must be followed, and the individual circumstances of a particular case influence which principles will be considered (as well as how much weight will be given to relevant facts). 

However, the following basic concepts capture the factors that will ultimately guide your family pet dispute:      

• Whether or not your pet is joint property. This threshold issue must be answered in the affirmative to enable a party to claim an ownership right to family pets. 

• Whether or not there was an oral agreement. The existence of an enforceable agreement between parties concerning pet ownership is a similar preliminary question, which could be based on oral promises 

Note that post-judgment cases could implicate the timing of such an agreement with the execution of final divorce settlement terms and boilerplate language stipulating no other understandings between the parties have been made beyond the document submitted to the court. However, this contractual premise could clash with the custody concept of best interests and potentially be ignored by a court when the needs of a child are implicated. 

To best advocate for your pet ownership rights, you can get ahead of the game by gathering relevant documentation now that may include evidence (whether by writings or witnesses) of promises or agreements concerning pet ownership records of expenses paid (or not paid) by a party, as well as narratives or spreadsheets detailing your emotional investment and bond with your pet. 

Common questions about pets and divorce 

Can my ex and I share ownership of our pet(s)? 

Since pets are legally considered property in New Jersey, there’s no such thing as court-ordered joint custody for pets like there is for children. 

However, divorcing couples can negotiate private agreements for shared ownership or visitation arrangements as part of their divorce settlement. These informal sharing arrangements might work when both spouses live relatively close to each other, have similar schedules that allow for pet care, and can cooperate effectively about the pet’s needs. 

Can a prenuptial agreement address pet ownership in New Jersey? 

Absolutely. If you’re entering a marriage and already have pets, or if you’re planning to get pets together, addressing pet ownership in a prenuptial agreement can save significant heartache later. 

A well-crafted prenuptial agreement might address who keeps specific pets, how decisions about new pets will be made, how veterinary expenses will be handled, and whether there will be visitation arrangements. 

While courts don’t always enforce every aspect of prenuptial agreements, having these discussions upfront and documenting your intentions can provide valuable guidance if divorce occurs.

What happens if we have multiple pets? 

Families with multiple pets can face additional complexity in divorce proceedings. Sometimes the solution involves dividing the pets between spouses as part of property distribution. It makes sense that the more pets a family has, the issue of which goes where is compounded by considerations such as whether the animals are all bonded with the children and/or bonded with one another. 

While the same principles apply for single and multiple-pet families—so does the ability to craft creative solutions through negotiating ownership terms. However, in the context of litigation, the aforementioned inability of a judge to compel the sale or divide an asset with subjective sentimental value (resulting in pets having special treatment incident to divorce), that is obviously less so with multiple pets (because the conceptual asset is comprised of more than one part). 

Consult with an experienced New Jersey family law attorney 

At Dughi, Hewit & Domalewski, our family law attorneys understand that pets are family members, not just property. We work with clients to find solutions that recognize the deep emotional bonds between families and their pets while navigating the legal realities of divorce proceedings. 

Schedule your consultation with our team today to discuss your specific situation and explore your options for protecting your relationship with your beloved pets during this challenging time.