Who Gets the Pets in a Divorce?
Pets feel like family, but Maryland law does not treat them the same way as children. When spouses separate, emotions run high, and the question of “who keeps the dog or cat” can become one of the hardest parts of settlement talks. The good news is that courts will honor clear agreements, and thoughtful planning can prevent a last-minute tug-of-war. This guide explains how Maryland courts approach pets in divorce and how you can craft practical, pet-focused solutions that work for your household.
Are Pets Considered Property or Family in a Maryland Divorce?
In Maryland, pets are legally considered personal property. That means courts do not conduct a “best interests of the pet” custody analysis like they would for children. Still, judges understand that pets are unique and sentimental. While the legal framework falls under equitable distribution, courts may recognize a pet’s special place in the home and will enforce practical, pet-centered agreements that the spouses reach during settlement.
How Do Courts Decide Who Keeps the Pet in Annapolis?
Because pets are treated as property, courts focus on ownership and fairness. Evidence that can matter includes:
- Who originally acquired the pet
- Who paid adoption or purchase fees
- Whose name appears on the microchip or license
- Who consistently covered food, grooming, training, and veterinary care
Day-to-day caregiving is also relevant. If one spouse’s schedule or housing better supports the animal’s routine, that can weigh in favor of awarding the pet to that spouse. The court’s goal is an equitable outcome grounded in the facts of your life with the animal, not a “custody” determination.
Can Spouses Agree to Share a Pet After Divorce in Maryland?
Yes. Many families create a written “pet time-sharing” plan as part of their marital settlement agreement. Courts can enforce these contracts when they are specific. A workable plan sets out:
- Weekly or seasonal schedules
- Exchange logistics
- Holiday arrangements
- Rules for travel
- Who makes decisions for routine and emergency veterinary care
Negotiating a clear plan is usually a better path than asking a judge to decide without one.
What if the Pet Belonged to One Spouse Before the Marriage?
A pet acquired before the marriage is often considered separate property. However, if the other spouse became a primary caregiver, paid significant expenses, or the pet’s documents list both names, the court may consider these factors under equitable distribution. Gifts during the marriage also matter. Detailed records and a consistent story about ownership and care are key to supporting your position.
What About Multiple Pets or Pets and Children?
If you have bonded animals, separating them may cause stress. You can:
- Keep bonded pets together with one spouse.
- Craft a schedule that preserves their bond.
When children are involved, many families keep the pet in the home where the children primarily live to reduce transitions. While the law treats pets as property, your agreement can prioritize the emotional well-being of both your pet and your children.
Practical Steps to Take Now
- Gather adoption papers, licenses, microchip registration, veterinary records, receipts for food and care, and training records.
- Keep a log of who feeds, walks, and transports the pet.
- Maintain the pet’s routine.
- Avoid unilateral changes, such as rehoming or restricting access.
Then propose a calm, detailed plan addressing time sharing, expenses, and decision-making. Judges appreciate thoughtful, pet-focused solutions because they reduce conflict and reflect the animal’s day-to-day reality.
Annapolis Divorce Lawyers at Oliveri & Larsen Understand the Complications That Arise from Divorce
If you need help with your divorce, contact our Annapolis divorce lawyers at Oliveri & Larsen today. Call 410-295-3000 or complete our online form for a consultation. We are located in Annapolis, MD.