If you are going through a divorce in Spain, deciding what happens to your pet can be one of the most difficult parts of the separation. For many couples, a dog or cat is part of the family, and its future care deserves careful consideration.
Spanish law specifically addresses companion animals in separation and divorce proceedings. Understanding your options can help you make informed decisions and avoid unnecessary conflict.
What does Spanish law say about pets in divorce?
Law 17/2021 amended the Spanish Civil Code to recognise animals as living beings endowed with sentience and to adapt the law accordingly.
Under Article 94 bis of the Spanish Civil Code, a court may entrust the care of a companion animal to one spouse or both. It may also determine how the other spouse can spend time with the animal and how the associated care expenses should be shared.
These decisions must take into account the interests of the family members and the animal’s welfare, regardless of legal ownership.
Being the registered owner of a dog or cat does not, by itself, determine who will care for the animal after a divorce.
Can both spouses share the care of a pet?
Yes. Spanish law allows the care of a companion animal to be entrusted to one or both spouses.
If both parties agree, they can propose arrangements suited to their circumstances. For example, the pet may live primarily with one person and spend agreed periods with the other, provided the arrangement is appropriate for the animal’s welfare.
The agreement can also address daily care, veterinary appointments, holidays and other practical responsibilities.
However, shared care is not automatic, nor is it necessarily the best solution in every case. The animal’s routine, individual needs, each person’s availability and the practicality of the proposed arrangement should all be considered.
What if the pet is registered in my spouse’s name?
Ownership is relevant, but it is not the only consideration.
Article 94 bis allows decisions about an animal’s care to be made regardless of who owns it. If your pet is registered in your spouse’s name but you have also cared for the animal and wish to continue doing so, your circumstances should be assessed individually.
The available legal options will depend on the facts of your case and the arrangements that can be agreed or requested.
Who pays for the pet after divorce?
The spouses can agree how to divide the costs. If they cannot reach an agreement, the court may determine the appropriate arrangements.
It is useful to address expenses such as:
- Food and everyday supplies.
- Vaccinations and routine veterinary appointments.
- Medical treatment and medication.
- Pet insurance, where applicable.
- Boarding, pet sitters and other necessary care.
A clear agreement can help prevent disagreements in the future.
What happens if we cannot agree?
If the spouses cannot agree on the animal’s future, the court may establish the relevant measures as part of the separation or divorce proceedings.
Article 90 of the Spanish Civil Code expressly provides for arrangements concerning companion animals in the divorce agreement, including their future care, the division of time and responsibilities, and the associated expenses where applicable.
It is therefore worth addressing the issue from the outset rather than leaving it until the end of the divorce negotiations.
What if I am concerned about my pet’s welfare?
The animal’s welfare is one of the factors that must be considered when decisions are made.
If there are circumstances affecting the animal’s care, stability or safety, these should be assessed carefully to determine what arrangements may be appropriate.
Every case is different, and the right approach will depend on the particular circumstances.
Need advice about your pet and your divorce in Spain?
If you are considering separation or divorce and have a pet, obtaining legal advice early can help you understand your options, negotiate an appropriate agreement and assess the measures that may be available if court proceedings become necessary.
Laura Rincón – Family Lawyer in Madrid provides family law assistance in English and Spanish, with appointments in Madrid and online assistance for clients throughout Spain.
If you need advice about your particular circumstances, get in touch to discuss your options.
Disclaimer: This article provides general information about Spanish law and does not constitute legal advice on an individual case.
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