Pets in Divorce
We know you love your pets and you consider them part of the family. But the divorce laws of Pennsylvania and New Jersey treat them as property, not as children. This means that they are subject to equitable distribution and are assigned to one spouse, without granting custody or visitation rights.
The court can sometimes look sympathetically on a plaintiff who presents solid reasons for keeping the pet, especially if one spouse does not have a strong affection for the animal. Judges also often rule to keep the pet with the children, so whoever gets custody of the children gets the pet.
If one spouse had the animal before getting married, then the pet may not be considered a marital asset and may stay with that spouse — although if children are particularly fond of the pet, the court may rule to keep the pet with them, even if they won’t be living with the pet’s original owner.
The court may also consider each spouse’s income, keeping in mind the expense of maintaining the pet in good health, and may choose to give the pet to the spouse who can afford its care. The court would not award “pet support,” expecting the noncustodial spouse to pay for vet bills.
In summary, factors affecting who gets the pet may include:
- Whether the pet was with one or the other spouse before they got married
- Which spouse paid for the pet’s food and medical bills during the marriage
- Whether there are children who are emotionally attached to the animal
- The strength of each spouse’s attachment to the pet
- Each spouse’s desire to keep the pet
- Which spouse can better afford to give the animal proper care
- Whether multiple pets should be kept together or can be reasonably separated
The court does not consider what is “in the best interest of the pet” as it, by law, must consider “what is in the best interest of the child” when deciding custody and child support. However, usually judges make every effort to place the animal where it will be cared for and loved.
Can you make an agreement with your ex to share custody and veterinary expenses? Sure, you can. But this is not binding by law, and therefore, if one spouse reneges on the promise, refusing to split a big vet bill, for example, the court cannot force him or her to pay up.
If you want a divorce attorney who is sympathetic to your desire to maintain custody of the pets in the family, request a confidential consultation with our team at Karen Ann Ulmer, P.C. Call (866) 349-4721 today so we can begin to craft a powerful argument to influence the court to allow you to keep your beloved pet.
