We’ve heard it in country songs and seen it on TV sitcoms, and there’s nothing more rueful: “She took my dog in the divorce.” The family dog or cat is more than mere property to “pet parents” around the country. Yet, historically, divorces treat family pets as just that: A piece of marital property to be divvied up along with the living room couch and the coffeemaker. Maybe the other spouse will get a few hundred dollars more from the joint bank account in exchange, but pet owners know that is hardly sufficient compensation for losing a beloved animal companion. Some states have begun to acknowledge the importance of pets in our lives, enacting changes to family law codes to reflect their special nature. How does New Jersey law stack up?
There’s No Special “Pet Custody” Law in New Jersey
A few states have begun reforming their family laws to reflect the unique nature of pets in divorces. Alaska enacted the first law specifically pertaining to “pet custody” in 2017. Under the terms of the law, courts must consider the well-being of the animal when making a decision regarding distribution upon divorce. No rule requires the court to consider the well-being of the family car. Moreover, Alaska judges can craft shared custody arrangements for pets as well as include pets in domestic violence protective orders, as they would for children.
California, too, has a pet custody law. As of 2019, California courts are encouraged to award custody based on the best interests of the animal; judges can generate custody arrangements and dictate which party will have temporary custody during the pendency of the divorce. Illinois has a similar law on the books.
Unfortunately, New Jersey lawmakers have not yet followed suit. Family pets are simply considered property under the law and can be distributed to either party under the normal rules of property distribution. No law specifically demands courts consider the best interests of the family dog, nor is there specific authorization for crafting a shared pet custody arrangement.
Pets Have a Special Subjective Value in New Jersey
Although no law in New Jersey requires the court to consider the best interests of the family pet, in practice, New Jersey courts do tend to treat pets differently from other property.
Courts in New Jersey acknowledge that pets carry a special sentimental value and that this subjective value carries more weight than the literal dollar cost of our furry friends. While New Jersey courts do not focus their analysis on the “best interests of the dog,” courts understand that monetary compensation is a poor substitute for the companionship and love between pet and owner. At the least, they will treat pets as they would a priceless family heirloom. Moreover, New Jersey courts have the authority to craft shared custody arrangements for pets, even if no law explicitly mandates that they do so.
If you’re looking to keep your dog in the divorce, you’ll need to show the court just how important your animal companion is to you. New Jersey courts will consider several factors, including who spends more time with the pet, who has primary responsibility for caring for the pet, whether one party owned the pet before the marriage, whether each party has sufficient space in their home to accommodate the pet, and where any children of the marriage will reside. Courts give the last factor special consideration, as pet companionship is known to help children cope with the emotional stress of a divorce.
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