This bill would allow for the courts to consider the custody of a couple's pets upon separation, taking into account the best interest of the animal as well as any history of animal abuse or human violence. Traditionally, in divorce or separation proceedings, judges may divide property between parties, such as cars, furniture, and even the family pet. When determining ownership of a pet in divorce or separation proceedings, the judge will typically assign ownership of the pet 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.

New Massachusetts case law allows the court to enforce even-informal pet custody agreements between non-married partners: however, this does not address how a court handles non-married partners without any such agreement or any married couples in divorce and separation proceedings. This bill is intended to provide a consistent framework in statute for judges to use in determining ownership of a pet while ensuring enough flexibility for a judge to use their discretion in evaluating individual circumstances, and help protect the best interest of the family pet, protect survivors of family violence, and protect the emotional attachment between a pet and any children involved.