Who Keeps the Pet After Separation?

By Trisha Allan | Delta City News | August 6, 2026
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Welcoming a new pet into the fold is a joyous occasion that creates cherished memories for years to come. Whether it’s a new puppy romping around the house, a pair of senior cats soaking in the sun, or a colourful parrot saying “hello” when you arrive home, there is no doubt that pets are loving companions that enrich a family unit.

A pet can fill deep personal needs by providing calm, routine, security, companionship, affection and unconditional love - just to mention a few.  It’s no wonder that when a relationship ends, the possibility of losing daily contact with a beloved pet can feel like losing a family member. It can be challenging for separating couples when both people wish to continue caring for the pet on their own terms. Some factors to consider may be: 

o   Who is the main caregiver? 
o   Who has time, resources, financial means & ability for daily needs?
o   Which home best supports routine? 
o   Which home environment best supports a pet’s physical needs?
o   Is there a less disruptive path in what may be a complex situation?
o   Are there medical or special needs for the pet? 
o   Are there children to consider?
o   What other factors does a pet represent (emotional comfort… safety…etc.)

If there is room for flexibility, some separating couples may find resolve with a pet primarily remaining in one home, while still maintaining a connection with the other person. In other circumstances, trading-off longer spans of time with the pet between two homes may be achievable if manageable for everyone involved. For some families, a firm decision that the pet is with one person may be the best and only option. The bond people have with their pet can make these decisions incredibly difficult, sometimes with limited compromise. The answer often involves balancing complexities of the separation, emotional attachment and practical realties.

British Columbia recognizes the significant role animals play within families. In the absence of a mutually agreeable path, there may be legal avenues to explore. Situations between separating couples are unique and a qualified family law professional can help to explain how, or if, law may apply to a particular circumstance. Resources that provide a helpful overview regarding companion animals following separation or divorce include:

o  BC Government – Family Law and Companion Animals Guide
o  People's Law School – Pet Custody in BC; and 
o  Provincial Court of BC – What You Need to Know About Family Pets and the Family Law Act.

What about the kids? A pet can be incredibly meaningful to children and act as a sense of stability during what may be a tough transitional period. Finances, new living arrangements, schedules, work commitments, and the needs of the pet may oversee and dictate what is at all possible. If separation from a pet proves to be a painful experience for a child, parents can help by acknowledging the loss and validating their child’s feelings. Supporting a child through adjustments while missing daily contact with their pet can be met with understanding and compassion.

Pets add value to a family…become part of the family… Approaching the decision of who gets to keep the pet during separation or divorce with thoughtful and practical consideration can help to determine the important role a pet will continue to play in the lives of those who love and care for them. 

Note: This article is intended for general educational purposes and is not legal advice. If you have legal questions or are seeking legal guidance, please seek advice from a qualified family law professional.

Trisha Allan - Author - Delta City News

Trisha is a Delta-based Separation & Divorce Coach, Transition & Recovery Coach and Co-Parenting Coach. 

Connect with Trisha at My Divorce Ally or Facebook
Phone or Text: (604) 227-3623 / EM: trisha@mydivorceally.ca

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