For many Maryland couples, pets are more than property. They are family. Maryland law does not currently recognize shared pet custody, meaning courts do not issue orders dividing the time a pet will spend with each former spouse. Courts treat pets as property.
Although the law does not directly address pet custody, couples can create a binding pet custody agreement during the divorce process. The agreement is a private written contract that outlines how they will share time, care, and expenses for their pet after divorce.
At Apol Law LLC, we understand pets are part of the family. Led by attorney Tasnima Apol, our firm helps Maryland families navigate divorce and related legal issues. Ms. Apol brings a wealth of professional and life experience to her practice, combining empathy, integrity, and clear communication. Whether addressing custody, support, or pet ownership, our goal is to help families find fair and workable solutions that preserve dignity and peace of mind.
How Maryland Law Treats Pets in Divorce
Under Maryland law, pets are personal property. The law treats them like belongings, like vehicles, furniture, or jewelry.
Classification of Pets as Marital or Separate Property
To determine who keeps a pet during a divorce, the court first decides whether the pet is marital or separate property. Marital property includes assets that spouses acquired during the marriage. Non-marital property includes assets one spouse owned before marriage or received individually as a gift or inheritance.
Classifying pets as marital or separate property can be particularly complicated. If the couple adopted a pet during the marriage, the pet typically counts as marital property. If one spouse adopted the pet before the marriage, the pet may be their separate property.
Yet, couples can convert separate property into marital property by treating the property as shared. Pets become part of the family. The spouse who did not bring the pet into the marriage may spend as much or more time caring for the pet as the other spouse. If the couple treats the pet as their shared pet, the law might treat it as having transformed into marital property.
Marital Property Division
As marital property, Maryland courts divide pets as part of the overall asset and debt division in divorce. They do not impose pet custody arrangements. In other words, if you ask a Maryland court to decide what happens to a pet in a divorce, the court will order that one partner keep the pet without granting the other any rights. Couples who want to share custody must handle the arrangement privately.
Maryland law requires courts to divide marital property equitably, meaning fairly, though not always equally. Judges consider various factors to decide what is fair, such as:
- Each spouse’s financial and nonfinancial contributions to the marriage,
- The length of the marriage,
- Each spouse’s economic circumstances, and
- How the spouses acquired the property.
In pet ownership disputes, a judge may consider who provided daily care, covered veterinary or grooming costs, or whose living situation best supports the pet’s ongoing well-being when determining a fair division.
Creating a Pet Custody Agreement
A pet custody agreement is a written contract between former partners that describes how they will share time and financial responsibility for a pet after separation. Although Maryland courts will not impose pet custody, they may enforce a voluntary, well-drafted agreement included as part of a divorce settlement.
A strong shared pet custody agreement can include:
- Where the pet will live most of the time, and the specific schedule for sharing time;
- Division of financial obligations, including veterinary care, food, and other shared expenses such as grooming or medications;
- Procedures for making decisions about medical treatment, emergency care, or relocation when one person moves to a new home; and
- Provisions for holidays, travel plans, or special occasions.
Couples can create private pet custody agreements that work like parenting plans in child custody. Potential approaches to shared pet custody include:
- Alternating weeks or months—each person cares for the pet during designated periods;
- Visitation schedules—one person keeps the pet most of the time while the other has regular visits or outings; and
- Shared expenses—both owners contribute to ongoing costs such as food, veterinary care, and insurance.
If you cannot reach an agreement, you may attend mediation, a structured negotiation process with a neutral third party, to resolve disputes without going to court.
Before you enter an agreement, evaluate whether the arrangement supports your long-term lifestyle and your pet’s comfort. These agreements require ongoing communication and cooperation, so both parties must commit to consistency.
Key factors to consider include:
- Communication. Both parties must coordinate schedules and discuss care openly and respectfully.
- Consistency. Pets thrive when routines for feeding, walking, and sleeping remain stable.
- Financial responsibility. Decide how to divide expenses for food, veterinary care, and emergencies.
- Lifestyle changes. New partners, job changes, or relocation can complicate shared arrangements.
- Emotional well-being. Choose a plan that supports calm and stability for you and your pet.
Couples should also consider the pet’s temperament, age, and routine. Stability in the home environment helps most animals stay calm, but moving between homes too often can cause anxiety or confusion.
Ultimately, some experts question, Is joint custody of a dog healthy? Pet owners will tell you that every pet has their own unique personality. Whether shared custody of a pet is healthy depends on the pet’s personality, the owners’ cooperation, and how consistently they maintain the pet’s care.
Compassionate Legal Guidance from Apol Law LLC
At Apol Law LLC, we offer families legal advice and support during difficult transitions, including those involving beloved pets. Our firm provides personalized family law services across Maryland, including divorce, custody, support, and more.
If you are considering a shared pet custody agreement, the Apol Law LLC team in Annapolis can help. We provide practical guidance tailored to your family’s needs and your pet’s well-being. Contact us today.