More Than Just Property
For many families, pets are beloved companions and part of daily life. Yet when a marriage ends, one of the most emotional questions can be: Who gets the family pet?
While many people think of pets as family members, Pennsylvania and New Jersey law generally treat them as property. This means courts do not award pet custody, visitation schedules, or support payments the way they do for children.
How Courts Decide
When determining who keeps a pet, courts may consider factors such as:
- Whether one spouse owned the pet before the marriage
- Who has been primarily responsible for the pet’s care
- Who paid for food, grooming, and veterinary expenses
- Each spouse’s attachment to the animal
- Whether children have a strong bond with the pet
- Which spouse is better able to provide ongoing care
In many cases, judges prefer to keep pets with children who are emotionally attached to them, particularly when doing so helps maintain stability during a difficult transition.
Can You Share a Pet?
Some couples choose to create their own arrangements for sharing time with a pet or splitting veterinary expenses. While these agreements can work well when both parties cooperate, they are generally not enforceable in the same way as child custody orders.
Because of this, it’s important to carefully consider pet ownership during divorce negotiations and address the issue as part of a comprehensive settlement agreement.
Planning Ahead Matters
If a pet is an important part of your family, don’t assume the issue will resolve itself. Discussing your wishes early and working with an experienced family law attorney can help you develop a strategy that protects what matters most and increases the likelihood of a favorable outcome.
Our firm helps individuals and families navigate divorce, custody, and family law matters with compassion and experience. To schedule a confidential consultation, call 215-752-6200 or visit UlmerLaw.com.
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