What Happens to Pets in a Divorce?
When a couple separates, it is very common for them to seek advice on the division of their property, parenting of their children and how they will ensure they are each financially supported. But what happens to pets? Pets are often a very important part of the family unit, and we love and treat them like a member of the family. However, in Alberta, pets are legally considered property. The law in Alberta does not (yet) acknowledge pets like children or dependents. As strange as it may seem to a pet owner, in the eyes of the law, your dog is to be treated the same as your couch, television or a bank account.
Unless both parties can come to an agreement about who keeps a pet, the courts will treat the animal as an asset to be awarded to one person. This can even go as far as to assign a value to a pet when discussing the division of property.
So, how does a Court decide who will keep a pet? The Court may consider the following factors:
- Which spouse purchased or adopted the pet?
- Which spouse primarily cared for the pet (feeding, taking to vet appointments, walking)?
- Which spouse paid for pet-related expenses (food, supplies, vet treatments)?
- Who is the pet bonded to or are there any special needs to consider? (e.g., the pet is a support animal for one party or was purchased as a companion for the children)?
Decisions as to who will keep a pet are often emotionally charged and it is often difficult for spouses to think of their pet in such a transactional manner. The legal system does not account for emotional attachments to a pet, what may be in that pet’s best interests, or even the high costs of veterinary treatment for a senior or special needs animal. Collaborative Family Law is a great alternative when it comes to arrangements for pets.
In Collaboration, spouses can discuss creative, personalized solutions for the care of their pet, such as:
- A schedule that allows both parties to care for or visit the pet
- Agreements regarding the payment for veterinary care, food, supplies, boarding, and grooming
In many cases, couples are surprised at how collaborative this process can be when emotions are validated, and the pet’s well-being is kept front and center.
Final Thoughts
Collaboration acknowledges that pets are more than property—they’re a member of a family. Choosing a collaborative approach will provide you and your spouse with the flexibility to discuss arrangements for your family pet and reach a solution that gives everyone peace of mind.
