Who Gets the Pets in a Divorce?

By: Carolyn N. Daly

Divorce is a complex and emotional process often involving difficult property, assets, and child custody decisions. But what about the furry or feathered family member—the beloved pet? Pet custody has become an increasingly important issue in divorce cases, with many couples seeking a resolution on who gets to keep their canine companion.

In the eyes of the law, pets are generally considered property, which may seem cold and impersonal regarding our cherished pets. However, in New Jersey, the courts have recognized that people form close bonds with their pets, so pets are now treated differently than other personal property, in part because they cannot be replaced by another pet.

Factors That Influence Pet Custody

Primary Caregiver: One of the most influential factors in determining pet custody is the primary caregiver. Courts often look at who feeds, walks, and provides the most attention to the pet. The person who has been the primary caregiver may be more likely to retain custody.

Ownership of the Pet:

The court may consider whose name is on the sales receipt or adoption papers.

Duration of the Couple’s Ownership:

The court may take into consideration how long the parties have had the pet together and if one of them had a pet before the marriage.

Pre-Divorce Arrangements:

If the couple had a prior arrangement or agreement regarding the pet, this can be a key factor. Courts may honor any written or verbal agreements about pet custody made before the divorce.

Children’s Attachment:

If there are children involved, judges may consider the emotional bond between the children and the pet, as well as the impact of losing the pet on the children’s well-being.

Financial Responsibility:

The person who can demonstrate financial responsibility for the pet, including covering vet bills and other expenses, may have a stronger claim to custody.

Mediation and Out-of-Court Solutions

Many divorcing couples choose to resolve pet custody issues through mediation or out-of-court settlements. This allows them to have more control over the decision-making process and to consider the pet’s well-being without the strict confines of legal rules. Mediation can be a more amicable and less stressful way to reach a mutually agreeable and creative solution, such as one that allows the parties to share the pet post-divorce.

In a divorce, the question of who gets custody of the pet can be emotionally charged and complex. Whether through negotiation, mediation, or court rulings, reaching a fair resolution is essential to ensure the pet’s continued quality of life and a sense of stability amidst the upheaval of a divorce. If this is an issue that you are facing or have questions about, please do not hesitate to contact Carolyn Daly at cdaly@cohenseglias.com and 973.474.5003.

Carolyn N. Daly is a New Jersey Supreme Court Certified Matrimonial Law Attorney who prides herself on her pragmatic, no-nonsense approach to resolving family law matters that best serves her clients and their families. Family court judges regularly appoint her as a mediator, guardian ad litem, and parent coordinator.