What's happening
This bill requires courts to consider the best interest of companion animals when awarding their possession in divorce or separation cases.
Why it matters
Shifts the legal framework from treating pets as mere property to recognizing their welfare during divorce and separation proceedings, potentially influencing how courts value and understand companion animals' roles in families.
Could impact outcomes for divorcing or separating parties who both wish to keep a pet, as courts must now evaluate and justify decisions based on what serves the animal's best interests, not just ownership or purchase records.
May set a precedent for the consideration of animal welfare in other legal contexts and inspire similar reforms in other states, reflecting evolving societal attitudes toward the emotional significance of pets.
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Who cares
Spouses disputing possession of companion animals
The bill would require courts in divorce or separation proceedings to consider the animal’s best interest when awarding possession.
Judges handling divorce and separation cases
They would have to consider a companion animal’s best interest when deciding who receives possession.
Matrimonial attorneys
The bill would make the animal’s best interest a required consideration in possession disputes involving their clients.
Headline styles
Pets' Best Interest in Divorce
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 57–3
- Advanced to third reading
- 2nd report cal.
- 1st report cal.611
- Referred to domestic animal welfare
- Referred to domestic animal welfare
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Pets' Interests in Divorce
In Assembly Committee · Judiciary · Sponsor Deborah Glick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6222
2019-2020 Regular Sessions
IN SENATE
May 23, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare
AN ACT to amend the domestic relations law, in relation to requiring the court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as renumbered by chapter 229 of the laws of 2009, is renumbered subparagraph 15 and a new subparagraph 14 is added to read as follows:
(14) in awarding the possession of a companion animal, the court shall consider the best interest of such animal. "Companion animal," as used in this subparagraph, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05686-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the domestic relations law, in relation to requiring the court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding
Purpose or general idea of bill
The purpose of this legislation is to ensure that the best interests of pets are taken into consideration during divorce or separation proceedings.
Summary of provisions
Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law is renumbered subparagraph 15. A new subparagraph 14 is added to require that courts consider the best interest of companion animals when awarding possession of such animal during divorce or separation proceedings
Section 2. Establishes the effective date.
Justification
According to the American Veterinary Medical Association (AVMA), 36.5% of American households owned a dog and 30.4% owned a cat in 2012. As many of these households know, companion animals usually become members of the family. Although the nationwide divorce rate is at its lowest in 40 years, divorces still occur and can become contentious. Custody deci- sions involving pets in divorce proceedings are not uncommon.
Courts typically deal with pets in divorce proceedings as they do with personal property such as cars and furniture. For many families, pets are the equivalent of children and must be granted more consideration by courts to ensure that they will be properly cared for after a divorce.
In January of 2017, Alaska became the first state in the country to require courts to consider the welfare of household pets when determin- ing custody of such pets in divorce proceedings. It is now time for New York to pass similar legislation.
Prior legislative history
2017-18: A8663 Referred to Judiciary
Fiscal implications for state and local governments
TBD
Effective date
This act shall take effect immediately. NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.