If you have pets and are going through a divorce, should the court consider the “bests interest of your dog” or the “best interests of your cat”, when making orders about dividing up your property?
The question about what happens to pets upon separation or divorce is a topic we’ve covered in this space over the years, in Blogs such as “Pets and Break-ups: Is ‘Pet Custody’ the Answer?”, “Who Gets the Dog After a Breakup? An Update on Pet Ownership in Ontario Law,” and “Pet Support: A New Frontier in Divorce Settlements.”
The reason the topic keeps resurfacing is simple: Although most people see their cherished pets as irreplaceable members of the family, the law simply does not see animals in the same way.
A recent court decision from Alberta highlights that difference, along with some practical lessons for Ontario couples who are separating.
A Recent Case About Four Cats
In Singh v Smith former couple went to court over four cats they had acquired during their relationship. Each asked the judge to give them sole possession of all four animals. But after declaring the cats had been obtained jointly, the judge ordered that each party would get two cats apiece. This was confirmed in a later appeal, where the Court rejected the argument that the “best interests of the cat” test should have been applied. Unlike with children, in law there is no such “best interests” test that applies to animals, the Appeal Court said.
I’m Separating – So What Happens with Rover?
For people in Ontario, the Singh case is not binding — but the reasoning will sound very familiar. While courts in this province are sensitive to the fact that pets matter deeply to their owners, the law in this province continues to treat pets as physical property, just like furniture or a lawnmower.
If you and your former partner cannot agree about what happens to your pet, then your dispute will be resolved using this property/ownership approach. Courts will usually ask the following questions:
- Who originally acquired your pet?
- Was there was any agreement about its ownership?
- Who paid for the pet, and who currently pays for its expenses?
- Who primarily cared for the pet during your relationship?
- What has happened since your separation?
Just as importantly, the decision reinforces something we often tell our divorcing clients: Since the law does not offer a clear “custody” framework for your beloved pets, it’s always better to negotiate a solution with your former partner. This eliminates the worry, ensures the outcome, and makes your pet’s future far more certain.
FAQ on Pets and Separation/Divorce
Here are some of the pet-related questions we get asked all the time at our Firm:
Q: Is “pet custody” ever a thing, in Ontario?
No. People casually use that phrase all the time, but in Ontario it is not a legal concept the way custody (parenting time) is for children. When couples fight about a pet, the court usually looks at who owns the pet and what the parties agreed to, rather than doing a full “best interests” analysis like it would for kids.
Q: If I adopted the pet during the relationship, does that mean it’s automatically “mine”?
Not automatically. Receipts, adoption papers, microchip registration, and vet records can help, but the court may also look at what happened day-to-day: who made decisions, who paid expenses, and whether the pet was treated as “shared” in the full context of your relationship.
If the evidence points to joint ownership, the court may treat it that way.
Q: Can the court order a shared schedule, like week-on/week-off?
In Ontario, the answer is “no”. Judges will not force a long-term “access schedule” for a dog, cat, or other animal. As mentioned, courts see pets as property that is subject to ownership – nothing more. Besides, courts generally try to avoid creating an arrangement that keeps the former couple tied together, and possibly returning to court over disagreements.
With that said – and leaving aside any ownership determinations — sometimes former couples can cooperate long enough to agree to share time with a pet after they split up. This could work for you if communication between you and your former partner is reliable and respectful. Good negotiation and clear terms are the key.
Q: What does the court care about most?
Legal ownership matters, but Ontario courts also recognize that pets aren’t merely “stuff”. Where a pet is owned jointly by both parties, the court will hear evidence about caregiving: Who fed the pet, walked the dog, cleaned the litter, took the pet to the vet, arranged daycare/boarding, did training, and generally took responsibility. It will also consider which person is better positioned to provide care, going forward.
Q: My pet is bonded to me (or to the kids). Does that matter?
It can. Ontario courts are increasingly sensitive to the emotional ties that people have to their pets. If a pet is owned jointly, they will sometimes look at the strength of the relationship it has with each person, and the practical impact of separating it from the person who’s had primary care.
That said, pets are not treated the same as children legally, so emotional bond is usually one factor, but certainly not the whole test.
Q: Can I get reimbursed for pet expenses after separation?
It depends. If you’ve been paying for everything — food, vet bills, grooming, boarding, medication — it is worth getting legal advice early about how to document those costs and how to raise the issue in settlement discussions. In court, reimbursement claims are not guaranteed. Judges may look at whether the other person also covered costs at other times, or whether the expenses were voluntarily paid because you had the pet with you.
Q: My pets are like “fur babies” to me. Can I ask my Ex for “pet support”?
Not in the same way as you’d see in a child support case. Regardless of how much you and your Ex may have cherished your pet, they are not considered family members. Nor does the Ontario law recognize the concept of “pet support”.
But many separating couples do agree between themselves that the person keeping the pet will receive a monthly contribution, or that big costs (like emergency vet bills) will be shared. If it’s part of a written settlement agreement, it can be enforceable like other financial terms.
Q: What if my Ex refuses to return the pet?
This is where people often get stuck. If you think the pet is being wrongfully kept, get legal advice quickly before the situation becomes “the new normal.” Keep communications calm and in writing, and preserve proof of ownership and caregiving (registration, vet records, receipts, texts/emails about the pet).
Depending on the facts, options may include negotiating a return, using a demand letter, or starting a court application.
Q: We have more than one pet. Will the court keep them together?
Not always. Many people assume a bonded pair (or group) of pets will stay together, and sometimes that is the outcome. Courts may focus on ownership evidence together with practical caregiving realities. In the Alberta case discussed above, the Court upheld a split of four jointly-owned cats — two to each party — as a fair solution.
With all that said, there an easy way to avoid issues about what happens to your pet if you separate: It’s a negotiated cohabitation agreement or marriage contract, containing a “pet clause” that covers everything that might become contentious.
If you need help drafting one, give our Law Firm a call.
For the full text of the Alberta decision, see:
Singh v Smith, 2025 ABKB 715 (CanLII), <https://canlii.ca/t/kgxkw>,
