Pennsylvania lawmakers have passed House Bill 97, a groundbreaking measure that would recognize pets as cherished family members rather than property in divorce cases. If enacted, the law would require courts to consider a pet’s care, well-being, and stability when determining custody. This shift reflects how modern families view pets and could significantly impact future divorce proceedings involving companion animals.
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In a move welcomed by pet parents across the state, the Pennsylvania House of Representatives has passed House Bill 97, legislation that would recognize pets as living beings generally regarded as cherished family members rather than simple property during divorce proceedings.
If enacted, this change would modernize Pennsylvania family law to better reflect how most households view their pets — as companions, dependents, and members of the family.
🔗 Read coverage:
Kinship: “Pennsylvania House Passes Bill Recognizing Pets as Family”
https://www.kinship.com/news/pennsylvania-pets-are-family-divorceWFMJ News: “PA House passes bill changing pet status in divorce”
https://www.wfmj.com/story/53124456/pennsylvania-house-passes-bill-to-change-pet-status-in-divorce
How Pets Are Currently Treated in Pennsylvania Divorces
Under existing Pennsylvania law, pets are classified as personal property. In divorce cases, that means a dog or cat can be awarded to one spouse much like furniture, vehicles, or other shared assets.
Courts typically consider:
Who purchased or adopted the pet
When the pet was acquired
Whether the pet is considered marital property
Emotional bonds, caregiving roles, and the pet’s quality of life are not formally considered.
🔗 Legal background:
What House Bill 97 Would Change
House Bill 97 would create a new legal framework for “companion animals” in divorce cases. Rather than treating pets as objects, judges would be required to consider factors related to the animal’s care and well-being.
🔗 Full bill text (PA General Assembly):
https://www.palegis.us/legislation/bills/text/PDF/2025/0/HB0097/PN0080
Importantly, the bill does not equate pets with children — but it does acknowledge that they deserve more thoughtful consideration than inanimate property.
How Pet Custody Decisions Could Work Under the New Law
If HB 97 becomes law, judges may evaluate factors such as:
Who provided daily care (feeding, walking, grooming, medications)
Who managed veterinary visits and medical decisions
Which home environment best supports the pet’s stability and health
Financial ability to provide ongoing care
Existing emotional bonds between the pet and each party
Service animals would be presumed to remain with the individual or minor who relies on them.
This approach mirrors laws already adopted in states like California and Alaska, which prioritize animal welfare in family law disputes.
🔗 Similar state examples:
Are pets currently considered property in Pennsylvania?
Yes. Under current Pennsylvania law, pets are classified as personal property, meaning they are treated similarly to furniture or other marital assets during divorce proceedings.
What does House Bill 97 change for pets in divorce cases?
House Bill 97 would require courts to treat pets as living beings regarded as family members, rather than property, and to consider caregiving roles and the animal’s well-being when making custody decisions.
Does this mean pets will be treated like children in court?
No. The bill does not equate pets with children, nor does it establish child-style custody or support arrangements. It simply gives judges discretion to prioritize the pet’s welfare rather than ownership alone.
What factors could judges consider when deciding pet custody?
Judges may evaluate who provides daily care, manages veterinary visits, maintains a stable home environment, and has the financial ability to support the pet’s ongoing needs.
Why This Matters to Pet Parents
For many families, divorce is not just emotionally difficult for people — it’s disruptive for pets as well. Sudden changes in environment, caregivers, and routine can impact an animal’s stress levels, health, and behavior.
By allowing courts to consider who can best meet a pet’s physical and emotional needs, Pennsylvania lawmakers are recognizing the real-world role pets play in modern families.
This shift may also encourage couples to:
Plan pet care arrangements more intentionally
Create pet custody agreements during separation
Prioritize continuity of medical care and living conditions
What Happens Next?
House Bill 97 passed the Pennsylvania House with a 121–82 vote and now heads to the Pennsylvania Senate for consideration. If approved and signed into law, the changes would take effect approximately 60 days after enactment.
🔗 Legislative tracking:
https://www.palegis.us/legislation/bills/2025/hb97
Why This Conversation Extends Beyond Divorce
Legal recognition of pets as family members reflects a broader cultural shift — one that impacts housing, travel, emergency planning, and medical decision-making for animals.
As more households rely on advanced veterinary care and at-home support solutions, lawmakers are increasingly acknowledging that pets are not replaceable possessions — they are dependents who rely on us for their well-being.
For pet parents, this legislation represents more than legal reform — it’s validation.
