When “Pet Parents” Divorce: Who Keeps the Family Pet in New Jersey?

For many families, pets are not just animals. They are loving companions, sources of comfort, and beloved members of the household. However, the law does not always treat pets the same way their owners do.

Understanding how pets are treated during a divorce and what options exist can help couples approach this issue more thoughtfully.

Pets are Legally Considered Property

In New Jersey divorce cases, pets are generally classified as personal property, which means courts generally treat them similarly to other property that must be divided during a divorce.

Unlike with child custody disputes, courts do not conduct a “best interests” analysis when deciding where a pet should live.

Instead, courts use the broader context of equitable distribution, the process applied to all other property issues.

Courts may consider several practical factors when deciding which spouse should retain ownership. These can include:

• Who originally purchased, or adopted, the pet and specifically, when;
• Whose name appears on registration and/or adoption paperwork;
• Who historically paid for the pet’s care, including food, grooming, and veterinary services; and
• Who has been primarily responsible for the pet’s day-to-day care.

Negotiating Pet “Parenting Time”

Even though courts may not typically order pet visitation schedules, divorcing couples are free to create their own agreements regarding their animals. These agreements can outline how both parties will remain involved in the pet’s life after the divorce. Some agreements may address:

• Where the pet will primarily live;
• Whether there will be scheduled visits; and
• Responsibility for expenses.

Because these agreements are created by the parties themselves, they can be flexible and tailored to very specific wants and needs.

Practical Solutions

Divorce can be an emotionally challenging process, and adding a pet into the mix can often add another layer of complexity. For couples navigating the divorce process, approaching the issue with cooperation and practical problem-solving may allow both parties to maintain a meaningful connection with their pet.

At the end of the day, the goal is often the same for everyone involved, and that is to ensure the beloved pet continues to receive the love, care, and stability it deserves.

Need Guidance?

If you are going through a divorce and you and your spouse share a pet, you may have questions about who will keep your animal. An experienced family law attorney can help you understand how pets are treated under New Jersey law and work with you to explore practical solutions.

If you have questions about divorce, property division, or issues involving family pets, speaking with one of Obermayer’s knowledgeable divorce attorneys can help you better understand your rights and options moving forward.