Reviewed by Paul H. Townsend, ESQ.
Key Takeaways
- In New Jersey, pets are legally property, so there is no “pet custody” standard; ownership is handled through equitable distribution.
- Under Houseman v. Dare, courts treat pets as a special class of property and can approve shared possession, and a pet agreement is enforceable as a contract.
When you divorce and have children, you need a child custody plan. When you have pets, you might need a pet custody plan. Because the law treats children and animals very differently, you and your spouse will usually have to work out a pet arrangement on your own. Our marital agreement attorneys in Morris County, NJ can help you with this.
How Does New Jersey Law Treat Pets in a Divorce?
In New Jersey, pets are legally considered property. As such, there is no formal “best interest” of the pet standard or “pet custody” standard like there is with children. However, under Houseman v. Dare, pets are considered a special class of property with subjective value, which means the courts will not simply assign the pet a dollar amount and may approve shared-possession agreements. Because a written pet agreement is enforceable as a contract, the best approach is usually to negotiate one yourselves.
However, it’s important to understand that, because pets are still considered personal property, they are ultimately subject to equitable distribution like other marital assets, rather than a child-custody arrangement.
The courts, however, will not simply treat a pet like a couch or painting. In the landmark case Houseman v. Dare, 405 N.J. Super. 538 (App. Div. 2009), the court recognized that pets have sentimental, “special subjective value” that money alone may be unable to replace, likening them to heirlooms and other family treasures. As such, the court will not simply value the pet and award cash to the other party. Instead, it may approve a shared custody or alternating possession arrangement.
Is the Pet Separate or Marital Property?
Because a pet is property, it matters when and how you got it:
- Separate property: Pets owned prior to the marriage will generally remain separate property. Keeping adoption or purchase paperwork is critical to help establish ownership.
- Marital property: A pet you and your spouse adopted during the marriage is considered marital property, and who assumes ownership may need to be negotiated or determined as part of the equitable distribution process.
What Should a Pet Agreement Cover?
Because a written pet agreement is enforceable as a contract, working one out yourselves is usually far better than leaving it to a judge. A thorough plan should address:
- Where the pet spends time: Decide when the pet is at each home. You might split the week, alternate weekends, or set up any schedule that works for you and keeps stress low for the animal.
- Expenses: If you are sharing a pet, share the costs. Agree on how you will split vet bills, food, grooming, and daycare fairly.
- Major life changes: Think ahead about what happens if one of you moves out of the area or has a child and can no longer devote the same time to the pet. Build in a way to revisit the arrangement when circumstances change.
Can a Lawyer Help With a Pet Agreement?
Yes. While a court is unlikely to craft a pet plan for you, an attorney can help you negotiate one that protects your interests and your pet’s well-being. A lawyer can also point you toward dispute resolution options like mediation and arbitration that make reaching a fair agreement easier. Couples who want to plan ahead can even address pets in a prenuptial or other marital agreement.
Schedule a Consultation
If you are going through a divorce, an experienced family lawyer can help. At Townsend, Tomaio, Newmark & Clancy, LLC, we understand how overwhelming a divorce can be, especially when the fate of your furry friend is uncertain. That is why we are here to help you navigate these difficult times. Contact us today to learn how we can represent you during these complicated matters.
