How Are Pets Handled in Divorces in NJ?

In New Jersey, pets are treated as any other piece of personal property during a divorce. This means that they are subject to equitable distribution. If the pet was adopted or purchased during the marriage, it will generally be considered marital property. However, if one spouse acquired the pet before the marriage or was given it as a gift to them personally, it could be seen as separate property.

NJ courts do not consider the “best interests of the pet” the way that they do for children, and a pet custody agreement is not made, as it is not recognized by the law. The judge overseeing the divorce will decide which spouse gets to retain ownership of the animal. Pertinent factors the court may consider include:

Who purchased or adopted the pet

Whose name is on the majority of the veterinary bills

Who generally pays for food and grooming expenses

Whether there are children who have emotional ties to the pet

Who has been the primary caretaker of the pet

While the court does not consider the animal’s best interests, it does recognize the emotional value of the pet. The judge will make their decision based on what makes the most sense for the individual circumstances.

What if My Pet is a Service Animal?

If your pet is a service animal, it’s a different story. Courts will typically award ownership of a service animal to the individual with the disability. However, for this to be considered, the pet must be a true service animal, meaning they are certified and trained to perform tasks for a disability.

Emotional support animals are not treated the same as service animals legally. While they are important and provide therapeutic benefits, they do not have training and will not automatically be awarded to the spouse who claims the pet as an emotional support animal. With that being said, the court may consider the animal’s emotional role.

Can Pet Ownership Be Included in a Prenup?

Yes, the topic of which spouse is entitled to maintain ownership of a pet can be outlined in a prenuptial agreement. Because New Jersey law considers animals as personal property, the terms surrounding the pet can be specified.

The prenup can include ownership, responsibility for care, and even visitation rights. Courts will generally enforce pet clauses if they are clear and do not go against public policy. Including this type of stipulation in a prenup can protect your rights, minimize disputes, and save a lot of heartache during a divorce.