S. 1206/H. 1817: An Act standardizing consideration of pets in divorce and separation
MSPCA Position: Support
Sponsors: Senator Michael Moore; Representative Meg Kilcoyne
Status: Referred to Joint Committee on the Judiciary. Hearing held April 22, 2025.
Traditionally, in divorce or separation proceedings, animals are seen as nothing more than property to be divided up alongside the furniture, cars, and house, but legislatures and courts are increasingly recognizing the flaws with treating animals as mere property when their future well-being is at stake.
Typically, when determining ownership of a pet in divorce or separation proceedings, the judge will assign ownership to the party who initially paid for the animal’s adoption or purchase; this is a narrow evaluation that puts the animal’s well-being at risk and that particularly penalizes victims of domestic abuse, whose abusers often control finances and paperwork.
While some judges may already consider the interests of the animal in determining pet custody, providing a standardized legal framework for judges can facilitate mindful and expedited determinations using a consistent set of factors.
Importantly, in 4-in-10 divorce proceedings involving dog owners neither party wanted to give up their pet, according to Psychology Today.
More and more states are adopting laws to guide courts through factors to consider in awarding shared or sole pet custody; these often include the best interest of the animal and any history of animal abuse or human violence. Eight states — Alaska, California, Illinois, New Hampshire, Maine, New York, Washington DC, Delaware, and Rhode Island — have passed pet custody legislation.
Recent Massachusetts case law allows our courts to enforce informal pet custody agreements between non-married partners; however, this does not address how a court handles non-married partners breaking up without any such agreement. Moreover, this does not capture married couples in divorce and separation proceedings.
This legislation provides a framework for judges to use in determining ownership of a pet when a couple is splitting up, while ensuring enough flexibility for a judge to use their discretion in evaluating individual circumstances.
Pet custody laws help protect the best interest of the family pet, protect survivors of family violence (many of whom refuse to leave for fear they will be separated from a beloved pet)1, and protect the emotional attachment between a pet and any children involved.
1 According to the National Coalition Against Domestic Violence, between 25 and 40 percent of domestic violence victims choose not to leave a dangerous situation out of fear for their pets; 71% of pet owners entering domestic violence shelters report that their abuser had threatened, injured, or killed family pets; and nearly 48% of survivors delay leaving abuse if they cannot take their pet with them.
