Who Gets the Family Pet in a Divorce?

In family law, the division of assets during a divorce or separation can be a complex and emotionally charged process. While property division, spousal support, and parenting matters often take center stage, the fate of a beloved family pet can also become a contentious issue.

Unfortunately, in Alberta, pets are classified as property under the law, which means they are subject to the same legal principles as other possessions. This blog post will delve into the legal framework surrounding pet custody in Alberta, exploring how courts typically handle these cases and offering insights into potential strategies for pet owners.

Pets as Property: A Legal Perspective

Under Alberta law, pets are considered personal property, similar to furniture, vehicles, or other tangible assets. In a divorce or separation proceeding, the court will generally apply the same legal principles to the division of pets as it would to any other property. The court’s primary goal is to achieve a fair and equitable division of assets, considering factors such as ownership, purchase price, and each spouse’s emotional attachment to the pet.

Factors Considered by the Court in Family Pet Disputes

When determining who gets the family pet, Alberta courts typically consider the following factors:

Ownership

The court may consider who purchased the pet, who is named as the owner on veterinary records or licensing documents, and who primarily cares for the pet. For example, if one spouse consistently pays for the pet’s food, veterinary care, and grooming, this may be seen as evidence of ownership.

Emotional Attachment

While courts cannot legally consider the emotional bond between a pet and its owner, they may consider factors such as who spends more time with the pet, who feeds and walks the pet, and who takes the pet to the veterinarian. This information can help the court assess each spouse’s emotional attachment to the pet.

Best Interests of the Pet

In addition to the above factors, the court may consider the pet’s well-being and stability when making a decision. This may involve assessing the living arrangements of each spouse and determining who can provide the best environment for the pet, such as a suitable living space, access to outdoor exercise, and a consistent routine. For example, if one spouse lives in a small apartment with limited outdoor space while the other spouse has a house with a fenced-in yard, the court may consider this factor when determining who is best suited to care for the pet.

Strategies for Protecting Your Pet’s Best Interests

While the legal framework for pet custody in Alberta may seem unfavourable, pet owners can employ several strategies to protect their furry friends during a divorce or separation.

Document Ownership and Care

Maintain detailed records of all expenses related to the pet, including veterinary bills, food purchases, grooming costs, and training expenses. These records can help establish ownership and demonstrate your commitment to the pet’s well-being. Keep a journal or log documenting your interactions with the pet, such as feeding, walking, playtime, and training sessions. This can provide valuable evidence of your emotional attachment and involvement in the pet’s care.

Consider Alternative Dispute Resolution

Alternative dispute resolution processes, like mediation and collaborative law, offer more amicable and less adversarial approaches to resolving pet custody issues. Mediators or collaborative lawyers can facilitate discussions between the spouses, helping them reach mutually agreeable solutions that prioritize the pet’s best interests.

Seek Legal Advice

Consult with a family lawyer who is experienced in handling pet custody cases. They can provide guidance on your legal rights and options, as well as help you develop a comprehensive strategy to protect your pet’s interests. Your lawyer can review your situation, assess the strength of your case, and advise you on the best course of action.

Draft a Family Pet Custody Agreement

If you and your spouse can reach an agreement on pet custody, consider drafting a formal written contract outlining the arrangement’s terms. This agreement should include provisions for shared custody, visitation rights, financial responsibilities, and decision-making authority regarding the pet’s care. It is advisable to consult a lawyer to ensure the agreement is legally sound and enforceable.

Consider a Pet Trust

In some cases, creating a pet trust can be a viable option. A pet trust allows you to designate a trustee who will be responsible for caring for your pet after your death or incapacity. This can provide peace of mind, knowing that your pet will be well-cared for, even in your absence. The trust can specify details such as the pet’s living arrangements, dietary needs, veterinary care, and any special requirements.

The Evolving Landscape of Family Pet Custody Law

While Alberta law currently treats pets as property, there is growing recognition of the emotional bond between humans and animals. Some jurisdictions have begun to explore alternative legal frameworks that would provide more protection for pets in divorce and separation proceedings. As public awareness of animal welfare increases, it is possible that Alberta may eventually adopt more pet-friendly laws.

DBB Law: Providing Multi-Faceted Family Law Advice in Calgary

While the legal landscape for pet custody in Alberta can be challenging, understanding your rights and options is crucial. By taking proactive steps to document ownership, seeking legal advice, and considering alternative dispute resolution methods, you can increase your chances of securing a favourable outcome for your beloved pet.

The compassionate family and divorce lawyers at DBB Law understand that while pets may be considered property under the law, they are often cherished family members who deserve to be treated with compassion and respect. Our firm has one of the most reputable family law practices in Alberta and Western Canada. We are known for creating personalized, cost-effective legal solutions for even the most emotional and complex family matters. To schedule a confidential consultation, please call us at 403-265-7777 or reach out online.