Who Gets the Family Pet After a Separation in Alberta

When couples in Alberta decide to part ways, the question of who retains the family pet can become a deeply emotional issue. Unlike matters involving children, where custody is determined based on the child's best interests, Alberta law classifies pets as personal property. This legal perspective means that, during a divorce or separation, pets are treated similarly to other assets like furniture or vehicles.

Understanding Pets as Property in Alberta

In Alberta, pets fall under the category of personal property according to the Family Property Act. This classification implies that, in the eyes of the law, determining who keeps the pet revolves around ownership rights rather than considerations of emotional bonds or the pet's well-being. Courts typically examine factors such as:​

• Initial Ownership: Who purchased or adopted the pet, and whose name appears on ownership documents or veterinary records.​

  
  

• Financial Responsibility: Who primarily covered expenses related to the pet's care, including veterinary bills, food, and grooming.​

  
  

• Gifts: If the pet was given as a gift to one spouse, the recipient may be deemed the rightful owner.

It's important to note that, while some jurisdictions have started to consider the best interests of pets in custody disputes, Alberta courts currently do not follow this approach. The legal focus remains on ownership and property rights.​

Strategies for Resolving Pet Custody Disputes

Given the legal framework, couples seeking to determine pet custody amicably might consider the following approaches:

• Mediation: Engaging in mediation can help both parties reach a mutually satisfactory agreement regarding pet custody without resorting to litigation.​

  
  

• Cohabitation or Separation Agreements: Drafting agreements that specify arrangements for the pet in the event of a separation can provide clarity and prevent disputes.​

  
  

• Shared Custody Arrangements: If both parties agree, they can establish a schedule to share time with the pet, though it's advisable to formalize such arrangements in writing.​

While pets hold a special place in our hearts, Alberta's legal system currently views them as property in divorce proceedings. Understanding this perspective is crucial for individuals navigating the complexities of separation. By proactively discussing and documenting pet custody arrangements, couples can help ensure that their beloved companions continue to receive the care and attention they deserve post-separation.

At Stokes Law, we recognize that deciding who keeps a beloved pet after a separation can be an emotionally charged and complex issue. Our experienced family law team is here to help you navigate the legal considerations and work toward a resolution that aligns with your rights and interests. Whether you are negotiating an agreement, considering mediation, or facing a dispute, we are committed to providing clear, strategic, and compassionate legal support. Contact us today to discuss your options.

BOOK A CONSULT