When you go through a divorce, deciding what happens to your pet can become surprisingly emotional and complicated. In Alberta, pets are generally treated as property under the law, but for many families, they are much more than that. The best outcomes usually happen when you and your former partner focus on practical, respectful solutions instead of turning your pet into another battleground.
Pets are family for many people. Your dog may have slept at the foot of your bed for years. Your cat may have comforted your children during difficult times. When your relationship breaks down and divorce becomes a reality, one of the hardest questions to answer can be: Who gets the pet?
The emotional attachment that you, your spouse and your kids have to your animals can make these disputes deeply personal. Unfortunately, the law in Alberta still generally treats pets as property, not as children. This means that the courts usually look at ownership and financial issues, not emotional bonds, in deciding what happens to the animal.
What Does the Court Consider?
If you and your spouse cannot agree, the court may look at factors such as:
- Who originally purchased or adopted the pet
- Who paid for veterinary care, food, and grooming
- Whose name is on registration or microchip records
- Who primarily cared for the pet day to day
Unlike parenting arrangements for children, there is no formal concept of “custody” or “best interests” for pets under Alberta family law. That can feel frustrating if you view your pet as a member of the family rather than property.
Why a Pet Negotiation Usually Works Better
Because the law has limits regarding pets, negotiation and Mediation are much better solutions than litigation. Going to court over a pet can become expensive very quickly and emotionally draining for everyone.
In Mediation or Collaborative Divorce, you can create practical agreements that work for your family. For example, you might agree to:
- Shared time with the pet
- One person keeps the pet while the other receives another asset
- Shared costs for veterinary care or grooming
- Flexible arrangements around vacations or holidays
These agreements are often more humane and realistic than any court order would be.
Think About Your Pet’s Needs Too
It is easy to focus on your own grief or attachment during your divorce. But you should ask yourself: What arrangement is best for the animal?
Pets thrive on routine, stability, and consistent care. If one home is calmer, has more time available, or better fits the pet’s needs, that may be the best solution even if it is emotionally difficult.
You should also avoid using the pet as leverage or a bargaining tool. Doing so can increase conflict and make settlement harder.
Plan Ahead If You Can
If you are getting married or moving in with a partner and you already own a pet, consider documenting ownership and financial responsibilities early. While it may not feel romantic, clarity can prevent painful disputes later.
At the end of the day, your goal should be to resolve pet issues with the same thoughtfulness and dignity you would want for any important family matter.
Frequently Asked Questions
Q1: Can we create a shared custody schedule for our pet?
Yes. While Alberta courts do not usually order pet “custody,” you and your former partner can voluntarily agree to a shared arrangement through negotiation or Mediation.
Q2: Will the court consider who the pet is more attached to?
Usually not. Courts generally focus on ownership and financial responsibility rather than emotional attachment.
Q3: What if my children are very attached to the pet?
That can absolutely be part of your discussions during settlement negotiations. Keeping stability for children may influence the practical decisions you make as a family.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.