Who Gets the Pets in a British Columbia Divorce? (2026 Guide)

British Columbia is the only province in Canada with dedicated companion animal provisions in its family law legislation. Since January 15, 2024, pets are no longer treated as ordinary divisible property in a BC divorce. Under the Family Law Act, SBC 2011, c. 25, s. 97(4.1), courts must consider seven specific factors when deciding who keeps a companion animal after separation, including each spouse's caregiving history, family violence, and the animal's relationship with any children. British Columbia courts cannot order shared possession of a pet in a final order, though spouses may voluntarily agree to share time with the animal.

How Did British Columbia Change the Law on Pets in Divorce?

British Columbia became the first Canadian province to give pets legal status beyond mere property when Bill 17, the Family Law Amendment Act, 2023, received Royal Assent on May 11, 2023, and came into force on January 15, 2024. Under the amended Family Law Act, SBC 2011, c. 25, companion animals are now subject to a dedicated set of seven court-ordered factors rather than being divided like furniture, vehicles, or bank accounts.

Before this amendment, BC courts treated pets identically to any other piece of personal property under Part 5 of the Family Law Act. The pet's monetary value determined its allocation, with no consideration of caregiving history, emotional bonds, or the animal's wellbeing. A purebred dog worth $3,000 was treated identically to a $3,000 television set for division purposes.

The legislative change was driven by growing recognition that companion animals occupy a unique position in family life. According to the Canadian Animal Health Institute, approximately 58% of Canadian households own at least one pet, with dogs present in 35% of homes and cats in 27% as of 2024. The BC government's consultation process found that pet custody disputes were among the most emotionally contentious issues in family proceedings, yet courts lacked a framework to address them meaningfully.

Bill 17 added a definition of "companion animal" to FLA s. 1 as "an animal that is kept primarily for the purpose of companionship." This definition is deliberately broad, covering dogs, cats, rabbits, birds, and other household pets. However, FLA s. 3.1 specifically excludes guide dogs, service dogs, animals kept as part of a business, and animals kept for agricultural purposes from the companion animal framework.

What 7 Factors Do BC Courts Consider for Pet Custody in Divorce?

British Columbia courts must weigh seven mandatory factors under FLA s. 97(4.1) when deciding who keeps a companion animal in a divorce or separation. These factors shift the analysis from pure property valuation to a caregiving and welfare assessment, making pet custody divorce in British Columbia fundamentally different from every other Canadian province.

The seven statutory factors are:

1. The circumstances in which the companion animal was acquired, including whether one spouse owned the pet before the relationship, whether the pet was a gift, and how the purchase cost was shared. In Bayat v. Mavedati, 2024 BCSC 619, both parties split the $2,500 purchase price of their golden retriever equally, which the court weighed as a neutral factor.

2. The extent to which each spouse cared for the companion animal, covering daily feeding, walking, grooming, veterinary appointments, and training. Courts examine who was the primary day-to-day caregiver during the relationship and after separation.

3. Any history of family violence, which aligns with the broader family violence provisions in FLA s. 38. A documented history of domestic violence can weigh against the perpetrating spouse receiving the pet.

4. The risk of family violence, which is forward-looking. Courts assess whether granting the pet to one spouse could create ongoing conflict, control dynamics, or safety concerns.

5. A spouse's cruelty, or threat of cruelty, toward an animal, which cross-references standards from the Prevention of Cruelty to Animals Act, RSBC 1996, c. 372. Any documented animal abuse or neglect is highly relevant.

6. The relationship that a child has with the companion animal, recognizing that pet custody divorce in British Columbia intersects with parenting arrangements. Courts consider the child's emotional bond with the pet and whether separating them would cause harm.

7. The willingness and ability of each spouse to care for the companion animal's basic needs, including housing that permits pets, financial capacity for veterinary care (averaging $2,000-$3,500 annually per dog in BC), and daily time availability.

Can a BC Court Order Shared Possession of a Pet?

No. Under FLA s. 97(4.2), British Columbia courts cannot order joint ownership or shared possession of a companion animal in a final order. The court must award exclusive ownership and possession to one spouse only. This is a critical distinction that separates BC's companion animal law from informal "pet custody" arrangements that many separating couples attempt.

However, this restriction applies only to court-ordered outcomes. Spouses retain full freedom to negotiate voluntary shared arrangements through separation agreements, mediation, or collaborative family law processes. A negotiated agreement for alternating weeks, shared veterinary costs, or scheduled time with the pet is entirely enforceable as a contract between the parties.

The restriction on judicial shared-possession orders was deliberate. The BC legislature concluded that court-ordered sharing arrangements for animals would generate ongoing enforcement disputes, require continued contact between potentially high-conflict parties, and place courts in the impractical position of monitoring animal sharing schedules indefinitely. In Glassen v. Glassen, 2025 BCSC 640, the court confirmed this principle by granting exclusive possession to Ms. Glassen after finding that the high-conflict dynamic between the parties made continued sharing arrangements untenable for both the parties and their child.

Notably, in Bayat v. Mavedati, 2024 BCSC 619, Justice Nielsen ordered interim shared possession on a week-on/week-off basis for a golden retriever named Stella. This was permissible because the order was interim (temporary), not final. Courts have broader discretion in interim orders to preserve the status quo while the case proceeds to trial or settlement.

How Have BC Courts Applied the New Pet Custody Law?

Two landmark BC Supreme Court decisions have shaped the application of companion animal provisions since they took effect on January 15, 2024. These cases establish the practical framework for how judges weigh the seven statutory factors in real pet custody divorce disputes in British Columbia.

Bayat v. Mavedati, 2024 BCSC 619 was the first judicial application of the new companion animal provisions. The case involved a golden retriever named Stella, acquired during the parties' cohabitation from 2020 to 2023. Both parties contributed equally to the $2,500 purchase price. The claimant alleged the respondent had been negligent in caring for Stella, but Justice Nielsen rejected these allegations, noting in part that the respondent was a licensed veterinarian. The court found both parties demonstrated "deep concern" for Stella's wellbeing and ordered interim shared possession on a 50/50 week-on/week-off basis.

Glassen v. Glassen, 2025 BCSC 640 was the first final decision under the new law. The dispute centered on a dog named Toba. After separation, the parties had voluntarily shared Toba on alternating weeks. However, the court found that Mr. Glassen's communication breakdown was creating ongoing conflict. Critically, the court considered the relationship between Toba and the couple's child, finding that continued high-conflict sharing was not in the child's best interest. The court granted exclusive possession to Ms. Glassen.

The Glassen decision established several important principles: first, that courts will prioritize stability and conflict reduction over mathematical equality in animal sharing; second, that a child's bond with the pet carries significant weight; and third, that voluntary sharing arrangements that devolve into high-conflict patterns will not be perpetuated by court order.

How Does Pet Custody Intersect with Property Division in BC?

Under FLA Part 5, s. 81, each spouse has an undivided half interest in all family property as tenants in common. Before Bill 17 took effect on January 15, 2024, companion animals were divided under this standard 50/50 property framework. The amendments carved pets out of ordinary property division and into the dedicated seven-factor analysis under s. 97(4.1).

This means a companion animal's monetary value no longer determines who keeps it. A $5,000 purebred dog and a $200 rescue dog receive identical analytical treatment under the seven factors. The court's focus is on caregiving history, family violence, child relationships, and the ability to provide ongoing care rather than fair market value.

However, the financial aspects of pet ownership remain relevant to the broader property division. If one spouse retains the companion animal, the other spouse does not receive an offsetting property credit for the pet's purchase price or current market value. The companion animal is simply removed from the property pool entirely. This represents a departure from the standard FLA s. 84 equal division framework.

The property division rules under the Family Law Act apply to both married spouses and unmarried spouses who have lived in a marriage-like relationship for at least 2 years under FLA s. 3(1)(b). Common-law partners have identical rights to companion animal determinations as married couples in British Columbia.

What Animals Qualify as Companion Animals Under BC Law?

A companion animal under FLA s. 1 is defined as "an animal that is kept primarily for the purpose of companionship." This broad definition encompasses dogs, cats, rabbits, birds, reptiles, fish, hamsters, guinea pigs, and any other animal whose primary purpose in the household is companionship rather than commercial or agricultural use.

FLA s. 3.1 excludes four categories of animals from the companion animal framework:

• Guide dogs and service dogs certified under the Guide Dog and Service Dog Act, SBC 2015, c. 17, which remain with the person they are trained to assist
• Animals kept as part of a business, such as breeding operations, pet stores, or boarding facilities
• Animals kept for agricultural purposes, including livestock, poultry, and working farm dogs
• Animals that serve a dual purpose where the primary function is not companionship

The "primarily for companionship" test creates a fact-specific inquiry. A horse kept at a private stable for recreational riding likely qualifies. A horse used in a commercial riding school likely does not. A dog that lives in the family home but also guards a commercial property presents a borderline case that courts would resolve based on the specific evidence.

What Does It Cost to Resolve a Pet Dispute in a BC Divorce?

The baseline cost to file for divorce in British Columbia is $210, comprising a $200 Notice of Family Claim filing fee at the BC Supreme Court plus a $10 federal divorce registration fee. An uncontested desk order divorce adds an $80 requisition fee, bringing total court costs to approximately $290-$330. As of March 2026, verify current fees with the BC Supreme Court registry.

However, a contested pet custody dispute significantly increases costs beyond basic filing fees. Legal representation for a family law matter in British Columbia typically ranges from $300-$500 per hour, with experienced family law lawyers in Vancouver charging $400-$600 per hour. A contested companion animal hearing, including preparation of affidavit evidence, document exchange, and a half-day court appearance, typically costs $5,000-$15,000 per party.

If the pet dispute is part of a broader contested divorce involving property division, parenting arrangements, and support, total legal fees commonly reach $25,000-$75,000 per spouse. The median cost of a contested divorce proceeding through trial in BC is approximately $40,000-$60,000 per party.

Alternative dispute resolution offers substantial savings. Mediation for pet custody disputes in BC costs $1,500-$4,000 for both parties combined. Collaborative family law, where each spouse retains a collaboratively-trained lawyer and commits to settlement without court, typically costs $7,500-$15,000 per party but resolves all issues including companion animals.

Fee waivers are available for parties who cannot afford court filing fees. No fee is charged to apply for a waiver, and no notice to the other party is required.

How Can You Protect Your Pet Before Separation?

Pre-separation planning for companion animal disputes requires documentation and legal preparation. British Columbia couples can protect their interests in a pet through cohabitation agreements, prenuptial agreements, or proactive evidence preservation, all of which strengthen a party's position under the seven factors in FLA s. 97(4.1).

The single most effective protective measure is a written agreement addressing the companion animal. Under FLA Part 6, spouses can enter marriage agreements or cohabitation agreements that address property division, including companion animals. A clause specifying who retains the pet in the event of separation, or establishing a sharing arrangement, is enforceable as a contract. Unlike court orders, voluntary agreements can include shared possession terms.

Documentation strengthens your position under the statutory factors:

• Retain purchase or adoption records showing who acquired the pet and when (factor a)
• Keep veterinary records showing who scheduled and attended appointments (factor b)
• Maintain receipts for food, grooming, training, insurance, and other pet-related expenses (factor g)
• Document your daily caregiving routine with photos, dog walker receipts, or daycare records (factor b)
• If applicable, document the pet's relationship with your children through photos and school projects (factor f)
• Register the pet's microchip and municipal license in your name

For unmarried couples approaching the 2-year cohabitation threshold under FLA s. 3(1)(b), a cohabitation agreement addressing companion animals should be executed before rights crystallize. After 2 years of marriage-like cohabitation, BC treats common-law partners identically to married spouses for property division purposes.

How Does BC's Approach Compare to Other Canadian Provinces?

British Columbia remains the only Canadian province with dedicated companion animal provisions in its family law legislation as of March 2026. Every other province and territory continues to treat pets as ordinary personal property, divided based on monetary value under standard property division rules. This makes pet custody divorce in British Columbia uniquely structured compared to anywhere else in Canada.

Ontario family law practitioners have publicly called for Ontario to adopt BC's reforms. Victoria Shroff, KC, an animal law lawyer who advised BC's Attorney General during the drafting of Bill 17, has predicted that other provinces will enact "copycat legislation" within the coming years. However, no province has introduced comparable legislation as of early 2026.

At the federal level, the Divorce Act, RSC 1985, c. 3 (2nd Supp.) does not address companion animals. Property division is exclusively a provincial matter in Canada. The 2021 amendments to the Divorce Act (Bill C-78, in force March 1, 2021) modernized parenting language but did not extend to animal welfare provisions.

What Role Does Family Violence Play in Pet Custody Decisions?

Family violence is a significant factor in pet custody determinations under FLA s. 97(4.1)(c), (d), and (e). Three of the seven mandatory factors directly address violence: the history of family violence (factor c), the risk of future family violence (factor d), and cruelty or threatened cruelty toward an animal (factor e). This weighting reflects research showing that animal abuse and domestic violence are closely linked.

Studies cited during the Bill 17 legislative debate found that in households experiencing domestic violence, 71% of pet-owning women reported that their abuser had threatened, harmed, or killed a family pet. The BC SPCA reported that approximately 56% of women in BC shelters delayed leaving abusive situations due to concerns about their pets' safety.

The Prevention of Cruelty to Animals Act, RSBC 1996, c. 372 establishes the BC SPCA's enforcement powers and defines animal cruelty standards. Any charges, convictions, or BC SPCA involvement documented under this Act constitute powerful evidence under FLA s. 97(4.1)(e). Even without formal charges, documented threats of harm to the animal carry weight.

Family violence under FLA s. 1 is defined broadly to include physical abuse, sexual abuse, psychological or emotional abuse, financial restrictions, threats, harassment, and damage to property. Where a spouse has used the family pet as a tool of coercion, control, or intimidation, this conduct falls squarely within the family violence analysis and strongly favors granting exclusive possession to the non-abusive spouse.

Frequently Asked Questions

Who gets the dog in a divorce in British Columbia?

Under FLA s. 97(4.1), BC courts decide dog custody based on seven mandatory factors including caregiving history, family violence, and the dog's relationship with any children. The court must award exclusive possession to one spouse in a final order. British Columbia is the only Canadian province with this dedicated companion animal framework, which took effect January 15, 2024.

Are pets considered property in a BC divorce?

No, not since January 15, 2024. Bill 17, the Family Law Amendment Act, 2023, amended the Family Law Act, SBC 2011, c. 25 to create a separate legal category for companion animals. Pets are no longer divided based on monetary value like furniture or vehicles. Instead, courts apply seven specific factors focused on caregiving, violence, and welfare under s. 97(4.1).

Can a judge order shared custody of a pet in BC?

No. Under FLA s. 97(4.2), BC courts cannot order joint ownership or shared possession of a companion animal in a final order. However, spouses may voluntarily agree to shared arrangements through separation agreements or mediation. Interim (temporary) orders may include sharing arrangements, as occurred in Bayat v. Mavedati, 2024 BCSC 619, where the court ordered week-on/week-off sharing pending trial.

Does BC law apply to common-law couples' pet disputes?

Yes. The Family Law Act applies to unmarried spouses who have lived in a marriage-like relationship for at least 2 years under s. 3(1)(b). Common-law partners have identical rights to the companion animal framework as married couples, including the seven-factor analysis under s. 97(4.1). No other Canadian province extends pet-specific protections to common-law partners.

What if I owned the pet before the relationship?

Pre-relationship ownership is addressed under FLA s. 97(4.1)(a), which requires courts to consider the circumstances of acquisition. A pet owned before cohabitation is typically considered excluded property under s. 85. However, this is one of seven factors, not a dispositive one. If the other spouse became the primary caregiver or a child developed a strong bond with the pet, pre-relationship ownership alone may not be decisive.

How much does it cost to fight over a pet in a BC divorce?

A contested pet custody hearing in BC Supreme Court typically costs $5,000-$15,000 per party for a standalone companion animal dispute, including lawyer fees of $300-$500 per hour, affidavit preparation, and a half-day hearing. Mediation offers a far more cost-effective alternative at $1,500-$4,000 total for both parties. Court filing fees are $200 for a Notice of Family Claim plus $10 federal registration. As of March 2026, verify fees with the BC Supreme Court registry.

What evidence helps in a pet custody case?

The strongest evidence aligns with the seven factors in FLA s. 97(4.1): veterinary records showing who attended appointments (factor b), receipts for food, grooming, and training (factor g), adoption or purchase documentation (factor a), photos documenting daily care routines, dog walker or daycare records, and pet microchip and license registration. In Bayat v. Mavedati, 2024 BCSC 619, the court considered each party's financial contributions, daily caregiving roles, and allegations of negligence.

Does animal cruelty affect who gets the pet?

Yes, significantly. FLA s. 97(4.1)(e) requires courts to consider "a spouse's cruelty, or threat of cruelty, toward an animal." Any BC SPCA involvement, charges under the Prevention of Cruelty to Animals Act, RSBC 1996, c. 372, or documented threats of harm strongly favor granting exclusive possession to the non-abusive spouse. Research shows 71% of pet-owning domestic violence victims report their abuser threatened or harmed the family pet.

Can I include pet arrangements in a prenuptial agreement?

Yes. Under FLA Part 6, marriage agreements and cohabitation agreements can address companion animal arrangements. Unlike court orders, voluntary agreements may include shared possession terms, alternating schedules, and shared expense arrangements. A well-drafted pet clause in a prenuptial agreement is enforceable and often prevents costly litigation. Each party should receive independent legal advice for the agreement to be upheld.

What if my spouse takes the pet before we go to court?

You can apply for an interim order under FLA s. 91 seeking return or temporary possession of the companion animal while the case is pending. Courts have broad discretion in interim orders and can order shared possession arrangements during the proceedings, as demonstrated in Bayat v. Mavedati, 2024 BCSC 619. The restriction on shared possession under s. 97(4.2) applies only to final orders. File promptly, as delay can establish a status quo that courts are reluctant to disrupt.