What happens to your pet when you separate or divorce?

Separation or divorce also raises important questions about the companion animals that are part of the family. Who will keep the dog? Can an arrangement be made for the pet to spend time with both of you? Who will cover the costs of food, veterinary treatment and day-to-day care?

In Spain, the law expressly addresses what happens to companion animals in separation and divorce proceedings. It is therefore important to consider this issue from the outset and seek a solution that takes into account both the family's circumstances and the animal's welfare.

As a family lawyer in Madrid, I can help you assess your situation and consider the legal options available for regulating the care of your pet.

Who Keeps the Pet After a Divorce?

The answer depends on the circumstances of each case. Article 94 bis of the Spanish Civil Code allows the care of a companion animal to be entrusted to one or both spouses.

This decision takes into account the interests of family members and the animal's welfare, regardless of whose name appears on the ownership records.

Therefore, the fact that an animal is registered in only one person's name does not, in itself, necessarily determine who will care for it after the divorce.

Can You Agree on a Shared Care Arrangement for Your Pet?

Yes. If both spouses agree, they can establish how the animal will be cared for after separation.

Among other matters, it is possible to regulate:

• Living arrangements: who the animal will normally live with and whether it will alternate between both homes.

• Time spent with each person: how handovers and collection arrangements will work if shared care is agreed.

• Expenses: how ordinary and extraordinary expenses, including veterinary costs, will be shared.

• Important decisions: how both parties will coordinate the animal's care and needs.

It is advisable to make these arrangements clear and realistic, avoiding agreements that could lead to further disputes.

What Happens If You Cannot Agree on Arrangements for Your Pet?

If an agreement cannot be reached, either party may ask the court to determine the appropriate arrangements.

The judge will consider the circumstances of the case and the animal's welfare when deciding who should care for it, whether arrangements for the animal to spend time with the other spouse are appropriate, and how the associated expenses should be shared.

It is therefore advisable to assess the specific circumstances and prepare any documentation that may be relevant to supporting the most appropriate arrangement.

Can Pet Arrangements Be Included in the Divorce Agreement?

Yes. Article 90(1)(b bis) of the Spanish Civil Code expressly provides for a divorce agreement to address what will happen to companion animals, how time spent with and care of the animals will be shared where necessary, and the expenses associated with their care.

Including these arrangements in the agreement makes it possible to record the terms in writing and reduce the risk of future disagreements.

The agreed arrangements must also respect the animal's welfare. If the agreed measures are seriously detrimental to the animal, the court may order the appropriate measures.

Family Lawyer in Madrid: Legal Advice on Pets and Divorce

Every family has its own circumstances, and every animal has specific needs. Before deciding how to organise its care, it is important to consider the family situation, the relationship with the animal and what each person can realistically provide.

I am Laura Rincón, a family lawyer in Madrid. I can advise you on the legal options for regulating your pet's care during separation or divorce, whether you wish to reach an agreement or need to consider court proceedings.

I offer in-person appointments in Madrid and online consultations.

Do you need legal advice about your pet following a separation or divorce?

Contact me to discuss your case and understand the options available.