For many, pets are the center of the universe. As much as you love your fur babies – and what’s not to love?! – pets are not treated like children in a divorce. Instead, in New Jersey and Pennsylvania, pets are treated as personal property. In other words, in a divorce, the law approaches a pet the same way as a couch or the lawnmower.
What does this mean for your pet?
During a divorce, a pet (or a couch) is either subject to equitable distribution, or not. If the pet came along during the marriage, it is going to be addressed (not necessarily divided!) in the divorce; if one party had the pet before the marriage, then that person gets to keep the pet, but can still choose to share the fur baby anyway.
Can we agree to have shared custody of our pet?
Yes, you can. We often see “visitation” schedules similar to child custody schedules, that almost always involve an agreement to divide major pet expenses also. Financial obligation follows benefit, after all. While parties can agree amongst themselves to share custody in some way that makes sense, whether the Court will enforce this varies by state. Even between New Jersey and Pennsylvania, there is a major difference here. In New Jersey, Courts have upheld pet visitation agreements between parties. In Pennsylvania, on the other hand, if the parties agree that one party retains ownership of the pet, there is no legal recourse for the non-owner to enforce the arrangement. However, there are advocates fighting for changes in these laws all around the country, and some states have made significant progress. As of posting, there is currently legislation pending in Pennsylvania that would put animals into a special class of personal property, allowing Judges to give them special consideration when entering divorce decrees.
For now, New Jersey is somewhat more “pet friendly” in terms of enforcement, but at the end of the day, your best bet is to reach a mutual agreement about your fur babies, since a Judge has to treat them like she would treat the television or dining room set.