How Would Pennsylvania’s HB 97 Change Pet Custody in a Divorce?

Right now, nothing has changed yet. Pennsylvania’s divorce law still treats pets as personal property, divided the same way as other marital assets. HB 97 is a bill that would let courts weigh factors like daily care and who acquired the pet, but it has not been enacted, so pet custody in Pennsylvania divorce today still runs through standard property-division rules, not a best-interest standard.

Divorcing couples often want to know whether Pennsylvania courts can make a formal decision about who keeps a family pet. Pennsylvania does not currently have a separate pet-custody framework in its divorce law, but House Bill 97 could change how courts handle companion animals if it becomes law. HB 97’s pet custody provisions in Pennsylvania would create a distinct legal category addressing possession and care of companion animals in divorce cases, rather than treating them purely as property.

What Pennsylvania Law Says Today

Under the current Divorce Code, a pet is classified as personal property. The same category as a couch, a car, or any other tangible marital asset. That means:

• Pets are divided through equitable distribution, alongside other marital property.
• There’s no dedicated custody framework for pets comparable to child custody.
• A judge deciding who keeps a pet today applies the same rules used for dividing household belongings.

Pennsylvania’s divorce law does not currently provide a separate framework for possession or care of companion animals the way it does for children.

What HB 97 Would Change

HB 97 would create a distinct legal category addressing possession and care of companion animals in divorce cases, rather than treating them purely as property. As currently written, it would direct courts, upon request, to consider factors including:

• Which spouse handles the pet’s daily care, including feeding and exercise
• Veterinary care history and who’s responsible for it
• Regulatory and licensing compliance
• Financial ability to support the animal going forward
• Whether the pet was acquired before or during the marriage
• The animal’s social interaction and attachment

The bill would also allow spouses to enter into an enforceable agreement concerning a pet’s possession and care outside of the divorce proceeding itself. Something couples can already attempt informally today, but which the bill would give clearer legal footing.

What Would Stay the Same

Even if HB 97 is enacted, some things wouldn’t change:

• There’s no proposal for a formal “visitation” schedule enforced the way parenting time is.
• The bill doesn’t create a best-interest-of-the-animal standard identical to the child custody framework.
• Equitable distribution would still govern the rest of the marital estate.

HB 97 narrows the gap between how pets and children are treated in divorce. It doesn’t eliminate it.

Where the Bill Stands Right Now

We help clients understand what applies under current Pennsylvania law today, and can advise on how HB 97’s pet custody provisions may affect a case if and when the bill is enacted. It was referred to the Senate Judiciary Committee on October 3, 2025, and the General Assembly’s current bill record lists that referral as the bill’s latest action. HB 97 has not been enacted. Until it is, current property-division rules continue to apply to every pet custody situation in Pennsylvania.

What This Means for Couples Right Now

Because HB 97 has not been enacted, couples going through a divorce today are working within the existing property framework. Practically, that means:

• There’s no court-ordered shared custody arrangement available for a pet.
• Ownership gets resolved the same way as any other disputed asset.
• Couples who want more flexibility than the property rules allow generally need to negotiate that themselves.

This is where private agreements matter most. Even under current law, spouses can work out arrangements covering where the pet lives, who covers veterinary costs, and how time with the pet is shared, without waiting on a property hearing to decide it for them.

How We Help at Pyfer Reese Straub Gray & Farhat PC

We help clients understand what applies under current Pennsylvania law today, and can advise on how pending legislation like HB 97 may affect a case if and when it changes. Whether that means negotiating a private pet-care agreement now or understanding your options as the law currently stands, we walk clients through both.

If you’re working through a divorce and want to understand your options regarding a shared pet, reach out to us for a consultation.

Frequently Asked Questions

If HB 97 is enacted while a divorce is already in progress, would it apply retroactively?

That depends on the bill’s final language and effective-date provisions if and when it’s enacted, this is something to confirm with an attorney as the legislation moves forward.

Can a prenuptial or postnuptial agreement address pet ownership now, before HB 97 is enacted?

Yes. Couples can address pet ownership in a marital agreement today, independent of whether HB 97 becomes law.

Does HB 97 apply to all pets, or only certain animals?

The bill is framed around companion animals; the exact scope of what qualifies would depend on the bill’s final defined terms if enacted.

How can I find out if HB 97’s status has changed?

The Pennsylvania General Assembly’s official bill-tracking page shows the bill’s current status and history; we recommend confirming the latest status before relying on any secondhand summary, including this one.