At a time when couples are having fewer children, they have more pets. These animals can provide emotional comfort, affection, and companionship. If a couple divorces, it is often critical to the parties who gets pet custody. The parties may genuinely care about and want to continue their relationship with their dog or cat, or one may seek custody to deprive their spouse of something the other party says s/he wants.

There are about 128 million households in the US as of last year, according to the Humane Society of the United States, and 90.5 million of them (or about 70%) include pets. There were nearly 690,000 divorces in the US in 2021, reports the federal Centers for Disease Control and Prevention. If 70% of these couples had pets, that’s an estimated 483,000 potential matters involving pet custody conflict.

Are Pets Property?

Pets are property in a New Jersey divorce but not subject to monetary compensation determinations like a vehicle or piece of art may be. They’re special property because of our emotional attachment to them. We have emotional bonds with our animals that we don’t usually have with appliances or furniture. If your dog is more faithful to you than your spouse, then it is your pooch who may deserve your love and attention.

How Are Pet Custody Disagreements Resolved Before a Divorce Trial?

If a couple disagrees about who gets a pet, there are probably other unresolved disputes involving child custody, child support, alimony, and division of property. If pet custody is essential to both spouses, they can, pun intended, horsetrade. That could be property, cash, or taking over a financial obligation.

As with a child, there can be shared pet custody where both make important decisions concerning the pet’s welfare, or one party may be satisfied with just visitation rights and spend less time with the animal. A mediator could help spouses find common ground and resolve disagreements over pets and co-parenting.

How Would a Judge Consider a Pet Custody Issue?

If one spouse possessed the pet before marriage, it probably will be considered personal property, not subject to equitable division through the divorce. It’s more complicated if the pet joined the family during the marriage.

If the parties can’t work out their differences, factors that may tip a pet custody decision in a party’s favor include:

• Who has a deeper bond with the pet and spends more time with it?
• Who has primary custody of children who want to spend time with it?
• Who is the pet’s primary caregiver?

Depending on the circumstances, shared custody may be ordered. If custody of a child is disputed, a judge will decide based on the child’s best interests. If custody of a pet is to be determined, the decision is more about what’s in the parties’ best emotional interests, not the pet’s best interests, but that certainly can be a factor in the decision.

Pre-Nups for Pups

A prenuptial or postnuptial agreement can spell out who’s entitled to what property (including pets) if the marriage ends. These are binding contracts created before or during a marriage. Though it may be difficult to discuss a marriage’s end, the cost of such an agreement will be far less than litigating pet custody during a divorce. These agreements have certain requirements to be legally enforceable so you should contact our office before putting one together on your own.

Pet Plans

Whether as part of an agreement or court order, there should be a plan in place so each party knows their responsibilities. The more vague a party’s obligations, the more likely there disputes will arise because they’re not met.

A pet plan should include:

• Identifying the pet’s primary owner/caregiver
• Living arrangements
• Scheduled visitation times
• Financial arrangements for the pet’s care
• Who’s responsible for veterinary care
• How the parties will make important decisions about the pet’s welfare
• What happens if one party is unwilling or unable to care for the pet

If you have children, you may want to mirror a parent’s time with the children and pet, which may benefit all involved.

Get the Help You Need From a Divorce Attorney You Can Trust

If your spouse and you can’t agree on who will care for your pet after your divorce or other important issues, hire a family law specialist attorney to represent you. Kingston Law Group attorneys are available when you need us. We are compassionate counsel and tough advocates.

Call 609-683-7400 or contact us online to schedule a near-term reduced fee initial consult at our Central Jersey offices in Princeton. We will listen to your facts, advise you on the law, and recommend the best path to social and economic justice for you. Call us today! You will be glad you did.