Last month, a client walked into my office holding a photo of her golden retriever. She had already accepted that her marriage was over. The house could be sold. The retirement accounts could be split. But the thought of losing Max – the dog she had raised from a puppy, walked every morning, and slept beside every night – brought her to tears.
I have had this conversation hundreds of times. People going through divorce often care more about who gets the pet than who gets the car. The emotional attachment is real. The legal reality, however, is different from what most people expect.
In Ontario, pets are legally considered property. Courts do not apply the same analysis they use for children. There is no “best interests of the pet” test. There is no formal pet custody arrangement recognized under family law. Instead, judges treat your dog the same way they treat your furniture or your car – as an asset to be divided between spouses.
This does not mean you have no options. It means you need to understand how the law actually works, what courts consider when ownership is disputed, and how to structure agreements that protect your relationship with your pet.
What Does Ontario Law Say About Pets in Divorce?
The Family Law Act governs property division in Ontario. Under this law, pets fall into the category of personal property. When you divorce, the court divides the net family property – the value of everything you accumulated during the marriage. Your dog, cat, or other companion animal is part of that calculation.
This approach frustrates people. I understand why. A pet is not a couch. You do not have an emotional bond with your retirement account. But the law has not caught up to how most people view their animals. Some provinces, like Quebec, have moved toward recognizing animals as sentient beings with special status. Ontario has not made that change.
What this means in practical terms: if you and your spouse cannot agree on who keeps the pet, a judge will decide based on ownership principles, not what is best for the animal. The court will not create a shared custody schedule. The court will not order visitation rights. One person gets the pet. The other does not.
How Do Courts Actually Decide Who Gets the Pet?
When I represent clients in pet ownership disputes, I focus on the factors courts actually consider. These are not the same factors that apply in child custody cases. Judges look at:
- Who purchased the animal: If you bought the dog before the marriage, or if you can show you paid for the animal with your own money, that strengthens your claim. Receipts, adoption papers, and veterinary records in your name matter.
- Who provided primary care: Courts consider who fed the pet, took it to veterinary appointments, paid for medical care, and handled day-to-day responsibilities. If you can document that you were the primary caretaker, that supports your position.
- Whose property the pet lived on: If the pet lived in a home you owned before the marriage, or if the pet will remain in the family home and you are keeping that home, courts may view that as relevant.
- Who has the better living situation: While not officially part of the test, judges do consider practical realities. If one spouse is moving into a no-pets apartment and the other has a house with a yard, that affects the outcome.
- Testimony about the relationship: In contested cases, both parties will testify about their bond with the pet. Courts do not give this much weight, but it becomes relevant when other factors are balanced.
In most cases, one person has a stronger ownership claim based on these factors. The problem is when everything is equal – you both love the dog, you both took care of the dog, you both paid for expenses. That is when litigation becomes expensive and unpredictable.
What Happens When Both Spouses Want the Pet?
I have seen pet disputes add thousands of dollars to legal fees and months to the divorce process. Judges do not want to spend court time on these cases. They view them as wasteful when there are children, support, and property issues to resolve.
Here is what actually happens when neither spouse will compromise:
The court may order one spouse to pay the other spouse for half the pet’s market value. If you bought a purebred dog for $2,000, the person who keeps the dog may have to pay the other person $1,000. This feels absurd when you are talking about a family member, but it reflects the property-based approach.
In rare cases, courts have considered factors beyond strict ownership. I have seen judges ask about children’s attachments to the pet, especially when the children are remaining primarily with one parent. If keeping the pet with the children provides stability during a difficult time, that can influence the decision.
But these exceptions are rare. Most of the time, the court will not create a Solomon-like compromise. You will not get alternating weekends with your cat. The judge will assign ownership to one person based on the factors I outlined above.
What Pet Custody Arrangements Actually Work?
The best outcomes I have seen happen outside of court. When people negotiate directly – or with lawyers facilitating – they can create arrangements that reflect the reality of their attachment to the animal.
These are the structures I have successfully included in separation agreements:
- Primary ownership with visitation: One person keeps the pet, but the other person gets scheduled time – perhaps one weekend per month, or during the summer when children visit. The agreement specifies who pays for what expenses during each person’s time with the pet.
- Shared custody with a schedule: Similar to parenting time, the pet alternates between households on a set schedule. This works best when both people live close to each other and the pet adapts well to change. The agreement should address veterinary decisions, emergency care, and how expenses are divided.
- Delayed transfer: One spouse keeps the pet for a set period – perhaps until the pet passes away or until certain conditions are met (like a child graduating high school). After that period, ownership transfers to the other spouse or the arrangement is revisited.
- Buyout arrangement: One spouse pays the other spouse an agreed-upon amount to relinquish any claim to the pet. This is cleaner than ongoing shared arrangements and provides finality.
I always recommend addressing pet arrangements in writing. Verbal agreements break down. People remarry, move, or change their minds. A clear, signed separation agreement prevents future conflict.
Can You Include Pet Custody in Your Separation Agreement?
Yes. While courts will not order pet custody arrangements, you can absolutely create them by agreement. The separation agreement is a contract between you and your spouse. As long as both parties consent, you can include whatever terms you want regarding the pet.
I draft these provisions carefully. The agreement should specify:
- The custody schedule: Exact dates and times, including holidays, if you are sharing custody
- Decision-making authority: Who has the final say on veterinary care, end-of-life decisions, and major medical procedures
- Expense sharing: Who pays for food, routine care, emergency care, and other costs
- Transportation: Who is responsible for pick-up and drop-off
- What happens if circumstances change: Can the arrangement be modified? What happens if one person moves out of the area?
The more specific you are, the less likely you will end up back in conflict later. I have seen agreements fall apart because they were too vague about who pays for unexpected surgery or what happens if someone relocates.
What If You Cannot Agree and Need to Go to Court?
If negotiation fails and you end up in court, understand what you are facing. Pet ownership disputes rarely get their own hearing. Instead, they get bundled into the larger property division case. A judge dealing with your house, your pensions, and your support issues will also decide who gets the dog.
To present the strongest case, you need documentation:
- Adoption or purchase records in your name
- Veterinary bills showing you as the responsible party
- Registration and licensing documents
- Photos and records showing your involvement in care
- Testimony from third parties who observed your relationship with the pet
Even with strong evidence, there is no guarantee. Judges have discretion. Some take pet disputes more seriously than others. I have seen judges award pets based on who seemed more credible during testimony, even when the documentary evidence was mixed.
This uncertainty is why I push clients to settle whenever possible. The cost of fighting over a pet in court often exceeds the value of the pet itself (in legal terms). But I also understand that for many people, this is not about money. It is about not losing a member of your family.
Frequently Asked Questions About Pet Custody in Divorce
Does it matter who bought the pet?
Yes. If you purchased the pet before the marriage, or if you can prove you paid for the pet with your own money during the marriage, courts view that as evidence of ownership. Adoption papers, purchase receipts, and registration documents in your name strengthen your claim. However, this is not the only factor. Courts also consider who provided primary care and whose property the pet lived on.
Can the court order shared custody of a pet?
No. Ontario courts do not have the authority to order shared custody arrangements for pets. Judges treat pets as property under the Family Law Act, not as dependents. However, you can create shared custody arrangements by agreement. If both spouses consent, your separation agreement can include whatever custody schedule you negotiate.
What happens to pets we adopted together during the marriage?
When you adopted a pet jointly during the marriage, ownership is less clear-cut. Courts will look at who provided primary care, who paid for veterinary expenses, whose name appears on adoption and registration documents, and who has the better living situation for the animal. If all factors are equal, the judge may order one spouse to compensate the other for half the pet’s market value.
Do courts consider what is best for the pet?
Not in the way they consider the best interests of children. There is no formal “best interests of the pet” test in Ontario family law. However, judges do sometimes consider practical factors like living situation, ability to provide care, and stability for the animal. These factors are secondary to ownership principles.
Can I get visitation rights with the pet after divorce?
Only if your separation agreement includes visitation provisions. Courts will not order pet visitation the way they order parenting time for children. If you want ongoing contact with the pet, you need to negotiate that arrangement with your spouse and include it in your written agreement. Without an agreement, the person who gets ownership can deny you access.
What if my spouse threatens to harm the pet?
If you have genuine concerns about animal cruelty or neglect, document everything and contact the Ontario SPCA. In extreme cases, courts may consider safety concerns when deciding ownership. You can also seek emergency orders if you believe the pet is in immediate danger. However, vague threats made during emotional arguments do not usually change the legal analysis. You need credible evidence of actual risk to the animal.
Schedule Your Consultation to Discuss Pet Custody
Losing a pet during divorce can feel as devastating as any other loss. While Ontario law treats pets as property, we help clients negotiate arrangements that reflect the real emotional bonds you have with your animals.
If you are facing separation and have concerns about what happens to your pet, we can review your situation and explain your options. Many pet disputes can be resolved through negotiation without the cost and uncertainty of court.
Contact Nussbaum Law to schedule your consultation. We serve clients throughout Ontario’s Golden Horseshoe, including Toronto, Vaughan, and Brampton.
