Is there a pension for pets in case of divorce?

Are you entitled to a pension for the care of the pet?

The Civil Code, after the reform operated by Law 17/2021 on the legal regime of animals, considers the possibility of regulating the economic contribution of the spouses to the charges associated with the care of the animal, therefore, it is possible to establish the payment of a monthly amount as a pension to meet this type of expenses.

Is it for all types of pets?

The current legislation refers to the term "pets", so any domestic animal that lives with the family may be subject to this regulation. 

What expenses are covered by this pension?

This pension includes all the costs associated with the care of the animal, including food, veterinary expenses, medicines and equipment associated with its health and well-being (e.g. special soaps/shampoos), hairdressing, etc.

Should a regulatory agreement for shared custody of the pet be established?

The current regulation opens the door to the possibility of establishing a regime for sharing the time the animal spends with each of the spouses, i.e. it would be feasible to establish a regulatory agreement so that the pet spends the same amount of time with both partners (for example, two weeks with each of them). 

If we are talking about an amicable separation or divorce process, it is the spouses themselves who agree whether the pet will only live with one of them and the other visits periodically or whether the time spent with the pet will be divided equally. 

In case of disagreement, the judge will decide, taking into account the interests of the family members and the welfare of the animal.

How does this process work?

According to the Civil Code, the regulatory agreement signed by the spouses in the case of separation/divorce processed by mutual agreement must establish the destination of the pets, taking into account the interests of the family members and the welfare of the animal; the distribution of the time spent together and care if necessary, as well as the burdens linked to the care of the animal.

Therefore, in this type of process, it is the spouses who will adopt the agreements they consider appropriate, which will be included in the regulatory agreement drafted by the intervening lawyer. Once signed by both parties, it is presented to the competent Court of First Instance for judicial ratification. 

What if the divorce is not by mutual consent?

In the event of disagreement between the spouses, it will be the judge who will have to decide on the fate of the pet. This is how the Civil Code states: the judicial authority shall entrust pets to one or both spouses for their care and shall determine, where appropriate, the way in which the spouse to whom they have not been entrusted may keep them in their company, as well as the distribution of the burdens associated with the care of the animal, all of this taking into account the interest of the members of the family and the welfare of the animal, regardless of the ownership of the animal and the person to whom it has been entrusted for its care. This shall be recorded in the corresponding animal identification register.

In order to quantify the contribution to the costs associated with the care of the animal, the amount of these costs and the purchasing power of the payer must be taken into account.

What about visiting rights and holidays for the pet?

Just as the spouses may choose to share out the time spent with the pet on an equal basis, they may also decide not to share it out equally, so that the animal lives with only one of them on a regular basis, without prejudice to the other spouse being granted certain days with the pet as a visiting regime, i.e. being able to be with the pet on certain weekends, public holidays, long weekends or holidays.