Who Gets the Pet After Separation? How British Columbia's Family Law Act Treats Companion Animals

For many families, pets are more than property — they are companions, part of daily routines, and an important source of emotional connection. It is not uncommon for separating spouses to feel that determining who keeps the family pet is just as significant as resolving financial issues.

British Columbia is one of the few Canadian provinces to address this directly. Amendments to the Family Law Act created a distinct category for “companion animals,” giving the Supreme Court of British Columbia a specific framework to apply when spouses cannot agree on who keeps a pet after separation.

Are Pets Treated Like Children?

The Family Law Act is explicit that a companion animal cannot be treated like a child for the purposes of a dispute — there is no “best interests of the pet” test analogous to the best-interests-of-the-child standard used in parenting matters. At the same time, the legislation recognizes that companion animals are not ordinary property either, and the court cannot order that spouses share possession of, or ownership in, a companion animal in the way they might share other property.

Factors the Court Considers

Instead, the court must award the companion animal to one spouse or the other, having regard to factors that can include:

• the circumstances in which the companion animal was acquired;
• the extent to which each spouse cared for the companion animal;
• any history of family violence;
• the risk of family violence;
• a spouse's cruelty, or threat of cruelty, toward an animal;
• the relationship that a child has with the companion animal;
• the willingness and ability of each spouse to care for the basic needs of the companion animal; and
• any other circumstances the court considers relevant.

Notably, the fact that a companion animal is jointly owned is not, on its own, determinative — the court weighs the full list of factors to decide which spouse should keep the animal.

Why This Framework Matters

This approach reflects a deliberate middle ground: companion animals occupy a unique place in people's lives, and owners often have strong emotional attachments to them, but the law in the Okanagan does not go so far as to create parenting-style orders such as shared possession schedules for pets. For individuals facing separation, practical steps may include:

• maintaining records of purchase or adoption;
• preserving veterinary and expense documentation;
• documenting caregiving responsibilities; and
• addressing pet ownership and possession in cohabitation, separation, or settlement agreements before a dispute arises.

How Stokes Law LLP Can Assist

Disputes involving pets can become emotionally difficult and legally complex, particularly where ownership, caregiving, and family property issues overlap. Our team assists clients in evaluating claims under the companion animal provisions of the Family Law Act, negotiating practical resolutions, preparing separation agreements, and advocating for their interests when an application to the Supreme Court of British Columbia becomes necessary.