The New Jersey Court of Appeals recently recognized the unique value of pets as greater than their fair market value. That decision demonstrates the changing perception of pets in the American legal system, especially in the context of divorce.
Traditional Property Division
For decades, courts considered pets nothing more than the personal property of their owners. Following a divorce, ownership of a couple's pet was decided like any other piece of property, like a couch.
To divide the couple's property, a court would grant one person ownership of an item and grant the other person money for the item's fair market value to buy a replacement. However, legal advocates and pet owners assert that, unlike a couch, a person who ends up without their pet is neither satisfied nor happy with simply buying a new one.
The New Jersey Case
The argument that pets have greater value to their owners than their fair market value was successfully used in a New Jersey Court of Appeals case in 2009. When their multi-year relationship ended, a woman and her ex-fiancé managed to share their pet dog for years. One day, though, the man refused to share the dog any longer.
The woman sued the man to enforce their dog-sharing arrangement. The trial court judge viewed the dog as personal property, granting the man ownership of the dog and ordering monetary compensation to the woman.
The woman appealed the decision, arguing that pets have subjective value to their owners that is greater than their purchase price or replacement cost. The appellate court agreed, stating that pets induce a strong sentimental attachment, much like family heirlooms or works of art. Therefore, it said, money cannot compensate a person for the "special subjective benefits he or she derives from possession" of the pet.
Under New Jersey case law, then, individuals fighting over pet custody may argue that pets are unique, irreplaceable property. If the judge agrees, he or she may order the individuals to follow a shared-possession arrangement.
Factors Considered in Allocating Pet Custody
In crafting a shared-possession or pet-custody arrangement, courts may consider several factors. Some of these factors may be:
- If either person owned the pet before the relationship started
- Who pays the veterinarian bills and buys the food
- Who feeds, walks and takes care of the pet
- Who has a better ability to care for the pet in the future
- If a child owns or has a special attachment to the pet, who has primary custody of the child
Courts recognition of pets as more than personal property is a fairly recent development. But it is likely to grow more common in the future. If you have questions about pet custody or any other issues in divorce or separation, contact an experienced divorce attorney in your area.
