By Julianne Kallas

The Pew Research Center recently reported that 97% of pet owners consider their pets part of the family and more than 50% of those respondents viewed their pets as much a part of the family as their human counterparts. Personally, I’ve lost count of the number of times I’ve seen bumper stickers proudly declaring “my grandchild has four legs” on the car in front of me. But what happens to pets when a couple decides to separate or get divorced?

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

When couples divorce or separate, clients often ask what happens to their pets.  

Several states, including Alaska, California, Illinois, New Hampshire, and New York, recognize the value and importance pets have in peoples’ lives and now require judges to consider what’s best for the pets while making custody determinations. However, in New Jersey, the law doesn’t see our pets as the extensions of our family that they are, and instead treats our pets as personal property to be divided up.

To combat this approach, many couples are choosing to make arrangements for “pet parenting time” in their divorce agreements. Still, this is not as straightforward as one might think. Not only do couples need to consider where their beloved pet will live, but also how expenses will be paid and decisions made. In this blog post, I discuss elements for you to consider when planning for your pet’s future when divorcing or separating.

Three Pet Custody Scenarios

When you’re in the process of separating or getting divorced and there is a pet involved, it generally falls into three scenarios:

• You or your spouse brought the pet to the relationship. If you or your spouse owned the pet before you were married, it’s reasonable to request the pet remain with the original owner/adopter.
• You brought the pet into the relationship with your spouse. If you and your spouse made the pet a part of your family when you were together, deciding on pet custody can lead to serious disagreements. Just ask celebrities Sofia Vergara and Joe Manganiello, who are currently fighting over custody of their dog, Bubbles. According to news articles, Manganiello intended the dog as a gift for Vergara. However, the dog bonded with Manganiello and considers him to be its “human,” so much so that it even behaves differently toward Vergara. You may need to think through the other points below to adequately determine who really “owns” the pet. 
• Either of the first two scenarios, but there are children in the household. Divorce and separation are difficult enough on kids. How are they going to react when you move out and take the cat who used to sleep in bed with them? Is it worth the emotional upset, or will the pets and kids be better off staying together? It’s important for you to consider a pet custody arrangement that’s best for them and the family’s pet.

Do I Need an Attorney to Make Pet Custody and Support Arrangements?

While it may be possible to make informal pet custody and support arrangements on your own with your spouse, it’s recommended you consult with your divorce attorney to have them draft the pet custody and support agreements. Having everything in writing means all parties are on the same page when it comes to the current and future well-being of your pet. 

What Goes into a Pet Custody and Support Agreement in a Divorce or Separation?

Elements of a pet custody agreement and support agreement include:

• A custody and visitation schedule, which takes into consideration the weekday and weekend work/school schedules of everyone involved as well as holidays and vacations
• Financial support information, including who will be responsible for paying for routine expenses like food, toys, training, vaccinations, and pet insurance, plus emergency medical expenses, taking into account the amount of time the pet spends with you and your spouse
• Parenting provisions, including information both parties need to understand when sharing responsibilities for the care and maintenance of the pet, such as current and future specialized medical care, preferred providers, even how those involved will communicate to others regarding the pet and its well-being
• A determination of whether you and your ex-partner will have joint decision-making power over medical decisions affecting the pet, or at the very least, what happens in the event of a disagreement. For example, if one party wishes to engage in an expensive medical treatment and the other objects due to the cost, can the pet still undergo treatment if it is at the sole expense of the other?
• The process for updating the pet’s custody and support arrangements

Divorce and separations can be especially stressful for a pet. To ensure your pet has a successful transition and a healthy quality of life, it is important to have clarity and consistency within both households.

Learn More

By making a pet custody arrangement or provisions for pets part of your divorce or separation agreement, you can ensure you’re doing what’s best for you, your pets, and your people. To learn more about pet custody agreements and other provisions, please contact me at jkallas@familylawnj.com or 973-403-6000.