Who Gets the Family Pet After Divorce?

Going through a divorce or separation is really difficult for everyone involved. Sometimes the hardest part is splitting up the assets accumulated during the relationship, but there are some things you can’t split evenly. That situation often occurs when a family has a pet, and both sides are attached to the pet, so they want to bring the pet to their new home.

Who wants the pet?

Chances are, if you and your former partner are discussing who gets the pet when you’re separating then you both want the pet. If there is one person, though, who does not wish to bring the pet to their new home (or can’t) then this will be easier to decide.

The law does not treat pets like children during divorce

While many Canadian couples consider their family pet to be like a child, the law in Canada sees it differently. There isn’t a protocol in place that would allow for custody and visitation for a pet in the same way it would be handled for human children. The court system sees pets as chattel, or assets, to be divided in the same way the couple would do with furniture and cars.

Making a decision about pets is like property division

Since the court system sees dogs and cats as property, it means only one person will be able to keep the pet and the other person will not have any rights or visitation allotted to them. There have been instances in the past where it was decided that a couple should share custody in a similar way they would for a child however this kind of decision is rare and the fact that it has happened it hasn’t done much to set any kind of legal precedents in family law.

So, who gets the pet in a divorce trial?

Usually, the judge will ask who purchased/paid for the dog, who pays for its veterinary care and who provides the care for the dog. If a divorce case goes to court, it will most likely be up to the judge to make the decision and that may be devastating if it doesn’t go in your favour.

Are there any other options to keep the family pet after divorce?

If you can avoid going to court by working with lawyers in both sides to prepare a separation agreement, then you might not have to lose custody altogether. Lawyers can draft an agreement that gives both sides time with the pet, depending on your unique situation.

What’s in the agreement?

That’s the best part of the agreement: it can be whatever works best for your situation. There isn’t just one set way to draft a separation agreement, and what’s outlined in it will be how your family is going to move forward after everything is finalized. When it comes to the details of your pet, it will include things like who will pay for veterinary care and medications (if needed) and what kind of schedule you will have for visiting.

Contact Fine and Associates today!

Going through a separation is never going to be easy, no matter how amicable it may be. The idea of going through this and losing your beloved family pet in addition to everything else, can make the process even more upsetting.

If you need help with your divorce and arranging a custody agreement for your family pet, we can help. Contact Fine and Associates today to speak with one of our lawyers.