Pet Custody in Alberta: Who Gets the Pets After a Separation or Divorce?
By Karolina Wojciechowski, Family Lawyer, Calgary
For many, pets are more than just animals, they’re beloved members of the family. But when a couple separates or divorces in Alberta and can’t agree on who should keep the pet, the relief available through the courts may come as an unwelcome surprise.
That’s because, under Alberta law, pets are considered personal property—much like a car or a piece of furniture. There are no custody arrangements, no legal rights to access or financial support, and no consideration of the pet’s best interests. If the parties can't reach an agreement, a judge can step in to decide but that decision will be based strictly on legal ownership.
Some provinces are starting to take a more progressive approach. In British Columbia, recent changes to the Family Law Act now require courts to consider a pet’s well-being during separation, elevating their status to “companion animals”. This includes looking at the care each person has provided and the risk of abuse or neglect. In a landmark decision, the Supreme Court of British Columbia even awarded shared custody of a dog, citing the recent changes in law, the sentience of animals, and—most importantly—the dog’s best interests.
Although the law around pet ownership has progressed across Canada, Alberta has yet to follow suit. That’s why planning ahead is so important. If you are worried about how the law will treat your pet during a breakup, here’s what you need to know to help protect their well-being.
Deciding Pet Ownership in Alberta
In Alberta, courts determine who keeps a pet based primarily on legal ownership. This includes evidence like who purchased the pet, whose name appears on veterinary or municipal licensing records, and who has contributed financially to the pet’s care—such as paying for food, grooming, medication, or veterinary bills. Even if one spouse originally bought the pet, the court may favour the person who has consistently covered expenses and responsibilities.
Once ownership is established, the court may assign the pet to one spouse as exclusive property—even if both were involved in the pet’s care. In some cases, one party may be required to buy out the other’s interest. If there are multiple pets, the court may divide them between spouses like other properties.
Though not legally required—and not given the same weight as evidence of ownership—there are other practical and relational factors the courts may consider when ownership is unclear or disputed, such as emotional attachment and the pet’s well-being and stability.
Emotional Attachment
In some instances, judges have considered the relationship between each spouse and the pet, particularly when supported by evidence. Time spent with the pet, responsibility for medical care, and involvement in daily routines can help demonstrate the strength of that bond.
Well-Being and Stability
Although Alberta law doesn’t require courts to consider a pet’s well-being, some judges have made exceptions. The court may consider which living arrangement offers more stability or better meets the pet’s needs. Factors like access to outdoor space, a pet-friendly environment, or where the pet has been living during the separation may influence the outcome.
In one Alberta case, the court adopted a more compassionate approach, focusing on the senior dog’s continuous care and habitual residence throughout both the previous and the most recent separation. The judge noted that the 15-year-old dog should spend his final years in the familiar environment where he had lived most of his life.
These relational and practical factors are not guaranteed to sway the court and relying on them carries some risk. However, they may be persuasive in situations where legal ownership is unclear.
Planning Ahead for Your Pet’s Future
While Alberta’s approach to the question of pet ownership may seem harsh, pet owners can take proactive steps to protect their furry companions during separation, such as:
- Document Ownership and Care – Keep clear records that show your financial and emotional investment in your pet. This can include receipts for food, veterinary visits, grooming, and training. You can also maintain a simple journal or digital log of your daily routines with your pet—like walks, feedings, playtime, and veterinary appointments. If a dispute arises, these records can help demonstrate who has been the primary caregiver and may support your claim to ownership.
- Consider Alternative Dispute Resolution – When faced with a legal matter, many people assume that going to court is the only option. However, alternatives like mediation, arbitration, or collaborative law can offer flexible, cost-effective solutions that are equally, if not more, effective. These processes are not bound by the same strict rules and procedures as the courts, allowing both parties to maintain greater control over how issues are resolved and what the outcome looks like. Agreements made through alternative dispute resolution can focus on the pet’s best interests and reflect the practical realities of each partner’s living situation—something that Alberta courts may not be able to fully consider due to the way pets are treated under the law.
- Draft a Pet Custody Agreement – To help prevent future disputes, consider creating a standalone pet custody agreement or including a pet clause in a prenuptial, cohabitation, or separation agreement. These types of family law agreements allow couples to make decisions in advance about how they wish their pets to be cared for in the event of a breakup. A well-drafted agreement should outline who will care for the pet, how costs will be shared, and what happens if living arrangements change. Putting these terms in writing helps ensure that both parties understand their responsibilities and helps protect the pet’s well-being in the long run.
At Crossroads Law, we understand that the bond you share with your pet can be a powerful source of comfort and connection—after all, they’re part of your family. That’s why it’s so important to plan ahead. Whether you’re entering a new relationship or going through a separation, speaking with a family lawyer can help you reduce the likelihood of future misunderstandings and ensure you have a clear plan in place to protect your pet. Our team offers compassionate, strategic support tailored to your unique circumstances—from pet custody agreements to mediation and separation planning. Contact us today to book your free 20-minute consultation and take the first step toward peace of mind—for you and your pet.
