What Happens to Pets in a Separation? Navigating Ownership with Compassion.

In Canada, if you own a pet, you’re not alone. The majority of Canadian households do (Made in CA.) If you’ve ever experienced the joy, responsibility, and companionship that comes with a pet, you know they’re so much more than “property.” But when a relationship ends, what happens with the pets? It’s a question that comes up more than you’d think. And the answer isn’t always simple. The loss of a relationship is already hard. Losing a pet along the way is even harder.

Pets Are Property in the Eyes of the Law

Here’s where it gets complicated: In Ontario, pets are legally considered personal property. That means your beloved pet has the same legal status as your furniture.

As harsh as it sounds, there’s no legal clause that protects the “best interest of the pet.” Instead, courts may look at factors like:

• Which spouse bought the animal

• Who pays for the pet’s food, vet bills, and supplies

This framework, outlined clearly by the Family Law Group, means that a pet is treated much like a couch or a car. And yes, the court can, and sometimes does, rule that neither spouse keeps the pet. Instead, the pet may be sold and the profits split.

That’s not the best outcome. Not for you. Not for your ex. And certainly not for your pet.

A More Compassionate Alternative: Mediation

Thankfully, there’s a better way.

Through mediation law, couples can create a separation agreement that reflects the true emotional and relational weight of their shared life, including their pets.

Mediation offers flexibility. Under a mediated agreement, you can:

• Decide together who will keep the pet

• Share custody or visitation (yes, even for pets!)

• Make decisions based on what’s best for everyone, not just what the law dictates.

This is especially important if children are also involved. Pets can provide stability and emotional comfort during a difficult transition. Keeping them in a child’s life can be a significant support during the upheaval of divorce.

Real Talk: It’s Not Just About Ownership

A few years ago, I worked with a couple navigating the end of a 15-year marriage. They didn’t have children, but they had Max, a golden retriever they both adored. In the courtroom, it would’ve been a coin toss. But through mediation, we built a shared plan that included alternating weekends and shared vet responsibilities. They even created a shared album to track Max’s milestones. Was it perfect? No. But it honoured the love they still had for their dog, and in some ways, for each other.

Don’t Leave Your Pets Behind

Just because your relationship with your spouse is over, it does not mean you must leave your pets behind. With mediation, you can approach this season with empathy, control, and creativity. Whether it’s a visitation schedule, a shared expense plan, or simply making sure your pet stays in a loving home, you have options.

Next Steps

If you’re separating and have pets, let’s talk. Book a consultation with Alliston Resolutions to explore a mediated path that’s kinder for everyone, including your furry family members.

Sources:

https://www.familylawgroup.ca/blog/what-happens-to-pets-in-a-separation#:~:text=Animals%20Are%20Personal%20Property,food%2C%20toys%2C%20and%20other%20supplies