How Does Pet Custody Work in New Jersey?

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Although many consider their furry companions family members, New Jersey law considers them property. There are no laws pertaining to pet custody, meaning the court will include pets in the division of assets in the event of a divorce. However, there is legal precedent for the court to consider the emotional ties and non-monetary value of a pet to each spouse. Please continue reading to learn the key considerations when crafting a pet custody plan in New Jersey and how a proficient Ocean County Divorce Attorney can help guide you through these complex matters.

Does New Jersey Have Pet Custody Laws?

Unlike other states, New Jersey has not enacted legislation surrounding pet custody. As such, pets are considered property and are subject to equitable distribution during a separation in accordance with N.J.S.A. 2A:34-23.1. Because pets are considered property, they are subject to the same statutory guidelines as other forms of personal property during a divorce. This allows the courts to consider multiple factors to determine the fairest outcome, such as the duration of the marriage and each spouse’s involvement.

When it comes to the division of assets, any assets gained during a marriage are subject to equitable distribution. This means if you owned the pet before the marriage, you would remain the sole owner of the pet after the divorce. However, if you adopt or purchase the pet after you get hitched, things get more complicated.

How Pets Are Classified Under NJ Law

Pets are deemed personal property during a divorce
If acquired prior to the marriage, the pet will remain separate property
If acquired during the marriage, the pet is typically marital property
Marital property is divided equitably, not necessarily evenly
Courts will award the pet to one spouse, as there is no statutory custody framework

What Equitable Distribution Means

Equitable does not mean equal, but rather fair given the circumstances
Courts consider contributions to marital assets
Financial and domestic contributions will be considered
Emotional attachment will be considered, especially when children are involved
Judges retain the authority to determine property distribution

Who Gets to Keep the Pet After a Divorce in New Jersey?

When spouses are unable to reach an agreement on who will care for a pet following a divorce petition, the judge assigned to the case will determine which spouse is entitled to the animal. While pets are legally considered property in New Jersey, you’ll find that the courts can evaluate practical and emotional factors to provide the fairest outcome during this process.

While New Jersey has not enacted a pet custody law, many states are beginning to recognize the importance that animals have, especially during a divorce. In fact, some states have adopted a “best interests of the pet” standard, not dissimilar to the best interests of the child standard, to help determine the best outcome for the animal. While still considered property under New Jersey law, many judges understand that animals have feelings, and will consider caregiving history and family attachment when making a decision.

Factors the Courts May Consider

Who primarily takes care of, walks, and feeds the pet
Who pays for the veterinary bills and pet supplies
How work schedules will impact the care of the pet
Stability of each spouse’s housing arrangements
Which spouse has primary residential custody of the children attached to the pet

Evidence That Can Strengthen Your Claim to the Pet

Vet records and invoices in your name
Pet insurance records
Microchip registration documents
Testimony regarding daily routines
Adoption or purchase records

Can You Create a Pet Custody Plan?

While the courts in Ocean County and the surrounding area do not have the legal authority to implement or establish pet custody plans, you and your spouse may be able to create a legally binding agreement regarding the care and custody of a pet. Courts will generally approve these terms so long as they are deemed reasonable.

What to Include in a Pet Custody Agreement

Primary residential ownership
Holiday and vacation sharing
Responsibility for veterinary care, supplies, and grooming
Emergency medical decision authority
Relocation restrictions
Scheduled visitation

When Shared Custody May Not Be Ideal

Pets who have anxiety or difficulty adjusting
Those undergoing a high-conflict divorce
Situations involving domestic violence
Cases where one spouse does not have stable housing
Cases where one spouse is long-distance relocating

How Pet Custody Interacts with Child Custody

Though pets are considered personal property, the Ocean County Superior Court, and courts across New Jersey, for that matter, recognize that children often form deep emotional bonds with their pets. As such, pets are not considered like children; judges do understand the emotional impact that pets have on children and may be more likely to keep the pet with the child and subsequently ,the custodial parent.

Situations Where Child Custody Can Influence Pet Ownership

The pet primarily resides with the child
The pet provides emotional comfort to the child during the divorce
The child has special needs and relies on the pet for support and stability
The custodial parent is in the best position to maintain stability for the child and pet

Practical Steps to Protect Your Relationship With Your Pet

If you believe that a divorce is looming, taking early steps can help increase your chances of retaining ownership of your beloved pet.

Proactive Measures to Take

Gather financial documentation illustrating pet-related expenses
Obtain copies of vet records or registration documents
Discuss meditating before your divorce proceeds to litigation
Do not remove or rehome the pet without legal guidance

Ocean County divorce cases, including those that involve disputes over pets, are handled in accordance with general equitable distribution statutes. As such, local judges will evaluate documentation, living arrangements, and primary care. Understanding how these issues are approached can impact the outcome of your case.

Contact Our Ocean County, New Jersey Family Law Firm

If you need help determining a fair pet custody plan, please don’t hesitate to contact a trusted attorney from the Law Office of Sarina Gianna, LLC, who can effectively represent your interests.