HARRISBURG, Pa. - The Pennsylvania House of Representatives on Monday passed legislation that would require judges to consider the welfare and living arrangements of companion animals during divorce proceedings, moving pets beyond their current classification as inanimate property.

House Bill 97, sponsored by Rep. Anita Kulik, D-Allegheny, passed by a vote of 121-82 and now moves to the state Senate for consideration.

The bill amends the state’s Domestic Relations statute to add a special category for companion animals, recognizing them as “living beings that are generally regarded as cherished family members” and not just items for equitable division.

Currently, pets in Pennsylvania divorces are treated the same as property like furniture or appliances. Kulik’s bill aims to change that by establishing factors for judges to weigh when determining possession and care of a pet.

These factors include:

  • Whether the animal was acquired before or during the marriage.
  • The basic daily needs of the animal.
  • Which party generally facilitates veterinary care and social interaction.
  • Which party ensures compliance with state and local regulations, such as licensing.
  • The party that provides the greater financial ability to support the animal.

The legislation also presumes that a service animal should remain with the party who uses it, or with the party who has custody of a child under 18 who uses the animal.

In a memo circulating the legislation, Kulik noted that she had seen divorce proceedings where pets were used as leverage during the negotiation of assets. She stated that the bill is intended to provide a mechanism to resolve these issues, while also allowing divorcing parties to enter into an enforceable agreement outside of a divorce decree regarding the pet’s possession and care.

The bill adds a new subsection to the Domestic Relations law that states the Commonwealth recognizes that companion animals "occupy a special category of personal property which does not include inanimate personal property.”

If enacted, the law would take effect 60 days after its passage.