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HOUSE DOCKET, NO. 797 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 1817
The Commonwealth of Massachusetts
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PRESENTED BY:
Meghan K. Kilcoyne
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act standardizing consideration of pets in divorce and separation.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan K. Kilcoyne12th Worcester1/13/2025Michael O. MooreSecond Worcester2/13/2025Michael D. BradySecond Plymouth and Norfolk2/13/2025James K. Hawkins2nd Bristol2/13/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/13/2025Marjorie C. Decker25th Middlesex2/26/2025James Arciero2nd Middlesex2/26/2025Patrick Joseph Kearney4th Plymouth2/26/2025William C. Galvin6th Norfolk2/26/2025 1 of 3
HOUSE DOCKET, NO. 797 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 1817
By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1817) of
Meghan K. Kilcoyne and others relative to standardizing consideration of pets in divorce and
separation. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act standardizing consideration of pets in divorce and separation.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 34 of Chapter 208 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting after the word “insurance”, in the second
3sentence, the following:-
4 , provided however that, as established in section 34E, when asked to assign ownership,
5care and custody of a pet, the court shall consider the best interests of the animal, including the
6animal’s health, safety, comfort and well-being and whether any party or family member
7residing with any party has a history of abuse, cruelty or neglect to animals or humans
8 SECTION 2. Chapter 208 of the General Laws, as appearing in the 2022 Official edition,
9is hereby amended by inserting after section 34D the following new section:-
10 Section 34E. Custody of companion animals 2 of 3
11 (a) Upon filing a complaint for divorce or separate support, any party may request that
12the court award care and custody of a pet;
13 (b) In awarding sole or shared custody of a pet, the court shall consider the best interest
14of the animal, taking into account their health, safety, comfort, and well-being and any relevant
15facts, including, but not limited to:
16 (i) Whether the parties are seeking sole or shared custody of the animal; (ii) Each party’s
17history with the animal, including in acquiring the animal and subsequent amount of time spent,
18expenses incurred, and caregiving responsibilities undertaken such as feeding, walking, playing,
19grooming, training, and veterinary visits; (iii) The emotional attachment of each party to the
20animal and, if relevant, of any children in the household; and (iv) Whether any party or person
21residing with any party has a history of abuse, cruelty, neglect, or violence toward animals or
22humans including those resulting in a conviction, continuance without a finding, or abuse
23prevention order.
24 (c) In awarding shared custody of a pet, the court shall order a division of care and
25custody, including, but not limited to the division of time and expenses such as food, toys,
26grooming, training, and veterinary visits. In the event of a substantial change of circumstance, a
27party may file a complaint for modification;
28 (d) Before the court awards custody of a pet (i) the animal may not be transferred,
29encumbered, concealed, or disposed of without the written agreement of all parties or an order of
30the court; and (ii) a party may seek a temporary order regarding custody, care, and payment of
31expenses of the animal, but no party shall be prejudiced by such temporary order when seeking a
32final disposition of these issues; and 3 of 3
33 (e) At any time prior to the court’s decision, the parties may enter into an agreement
34allocating the sole or shared custody of the pet.
35 (f) The court may enforce a pet custody agreement, including through a complaint for
36contempt to enforce a judgment of divorce and separation agreement and through a complaint in
37equity to enforce an agreement entered into by non-married individuals. The court may award an
38equitable remedy such as shared custody or, alternatively, by determining sole custody by one
39party is in the best interest of the animal using the process established in this section.