Countries Where Pets Now Have Legal Custody Rights After Brazil’s 2026 Law — What It Means for Divorcing Couples
Divorce fights have almost always been about houses, savings, or child custody. But who would have thought that pets would also become an important part of these stressful disputes? Usually, caring for a pet is shared between both partners, with one helping with bills while the other handles feeding, care, and walks. But when the relationship ends, deciding who keeps the pet can become one of the hardest parts of the split.
Brazil’s 2026 law pushed the issue back into the spotlight, but countries around the world still handle pet custody very differently. Some countries are changing their laws to give more importance to an animal’s well-being, while others still rely on older legal systems when deciding a pet’s fate.
Brazil
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Brazil’s law applies to couples who raised a pet together, including both marriages and stable unions. If they cannot agree on who keeps the animal, a judge can divide care. The law also handles costs in a practical way. Whoever has the pet covers food and hygiene, while vet bills and medication can be shared.
Spain
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Spain has already seen real court disputes over pet custody. In one case, a woman was awarded €600 ($705) after her former partner prevented her from seeing their dog, Heman, for 10 months. Situations like this show that shared access to a pet is no longer treated casually.
Portugal
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Portugal made pets part of the divorce paperwork, but one detail needs careful consideration. Any companion animals owned by a spouse before marriage can fall outside the general community-property pool. That means the timing of a pet’s entry into the household can matter. A dog adopted before the wedding may not be treated like property acquired during the marriage.
Australia
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Australia changed its laws in 2025 to include pets in family-law property disputes, but the rules are strict. The law only covers companion animals and excludes assistance animals, farm animals, laboratory animals, and animals kept for business. It also considers family violence, especially in cases where a pet was used to pressure or control someone during an abusive breakup.
United States
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Pet custody laws in the United States depend heavily on the state. Alaska led the shift in 2017 and also allowed pets to be included in domestic violence protective orders. Other states later adopted their own versions, while many still rely on older property laws. That means a couple’s outcome can change simply because the divorce happens in a different state.
Canada
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The rules in Canada are still not the same across the country, but British Columbia added new considerations to its Family Law Act in January 2024. A child’s bond with the pet can now matter in these disputes. One unusual part is the difference between private agreements and court decisions. Couples can agree to share ownership or possession of a pet themselves, but if the case goes before a judge, shared possession is no longer an option.
Switzerland
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Swiss courts ask which person can offer better animal-welfare conditions. The rule applies to pets kept for companionship, not animals held for investment or commercial purposes. Money still has a role because the other person may receive compensation, but the pet’s living conditions drive the decision.
Argentina
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Argentina’s Kiara and Popeye case brought unusually human detail into the law. After a 10-year marriage without children, the former couple agreed that each person would keep one dog, with visits or alternate stays handled flexibly. The court accepted that arrangement and treated the dogs’ habits and preferences as part of the breakup’s practical reality.
Colombia
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Simona, a dog in Bogotá, became the center of a dispute after her owners divorced in 2021. After the divorce, the man said he could no longer see the dog he had shared with his ex-wife and took her to court. Civil and family-law questions collided before the court treated Simona as part of a family relationship built through emotional and financial care.
France
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France has a somewhat contradictory approach to pet custody. The Civil Code recognizes animals as living beings with sensitivity, yet pets are still legally treated as property in many separation cases unless another law changes the outcome. A pet owned before marriage usually stays with that spouse, while a pet acquired during the marriage can end up becoming the judge’s decision.