For many people, pets are family members. By law, however, pets are property, making the question of who gets pet custody in divorce cases both personal and complex. In Maryland, the law classifies pets as personal property, which means courts assign pet ownership as part of dividing assets and debts. Courts recognize the deep emotional bonds people share with their animals and may consider them when deciding who keeps the pet after a divorce.
At Apol Law, LLC, we understand the role our pets play as part of our families. Founded by attorney Tasnima Apol, our firm provides compassionate and strategic guidance for families navigating difficult transitions. Based in Annapolis, we handle all aspects of family law and estate planning with empathy, integrity, and clear communication.
How Maryland Courts Decide Who Gets Pet Custody in a Divorce
Under current Maryland law, pets qualify as personal property, much like furniture or cars. That means courts assign pet ownership as part of the property division process. They will not issue a pet custody order.
In divorce, state courts divide marital property equitably, meaning fairly, between the spouses. Before courts can divide marital property, they classify each asset or debt the spouses own as marital or separate.
When Is a Dog Legally Yours?: Marital Property and Pet Ownership
Marital property includes assets each spouse acquired during the marriage. It excludes separate property, which generally includes assets acquired before the marriage, after separation, and through inheritance or gift. Pets and divorce create unique challenges when it comes to classification as marital or separate.
To decide who owns a pet, judges rely on factors like:
- Who purchased or adopted the pet, and whose name appears on adoption, registration, or veterinary records;
- Who primarily cares for the pet, including feeding, walking, and brushing; and
- Who pays for the pet’s expenses, such as food, grooming, and vet bills.
Documentation of that ownership may include:
- Adoption or purchase papers showing your name;
- Veterinary or microchip records listing you as the owner;
- Licensing or registration documents filed in your name; and
- Receipts for food, medical care, or pet insurance showing consistent financial responsibility.
Once a court classifies a pet as marital property, it becomes part of the pool of assets the judge divides fairly between spouses.
Commingled Property, Pets, and Divorce
If one spouse brought a pet into the relationship, the pet would typically be separate property under Maryland law. Yet, that classification can change over time. Couples can convert separate property into shared property by treating it as jointly owned or using marital funds for its care or maintenance.
Who gets the dog in a divorce depends on how the couple treated the dog. For example, if a spouse brought the dog into the marriage but both partners contributed to the pet’s expenses, listed both names on veterinary or licensing records, and described the pet as “ours,” a court may conclude that the couple intended to share ownership.
Ultimately, how a couple treats and cares for a pet during the marriage could matter more than who originally purchased or adopted it. By sharing responsibility, the couple may have effectively converted the pet into marital property, subjecting it to equitable division at divorce.
Who Gets the Dog in a Divorce?: Equitable Division
To determine what is fair, judges consider factors such as:
- Each spouse’s contributions, financial and nonfinancial, to the family’s well-being and to acquiring or maintaining property;
- The value of all property interests each spouse holds;
- The economic circumstances of each spouse at the time of the division;
- The duration of the marriage;
- The age and health of each spouse;
- How and when the spouses acquired property;
- Alimony awarded to either spouse; and
- The conduct of each spouse during the marriage, to the extent it affects the value of property.
In pet ownership, these factors allow judges to look beyond legal documents. Judges may consider practical factors to decide how to assign ownership, such as:
- Which spouse has a stable and pet-friendly living environment;
- Who has the time and ability to care for the animal; and
- Whether one spouse is using the pet as leverage in other negotiations.
Although Maryland courts determine pet ownership as part of property division, pets are much more than property to their owners. As a result, judges often encourage couples to reach a mutual agreement outside the courtroom about who will keep the animal.
Negotiating Pet Custody
Maryland courts do not create formal pet custody or visitation orders, but couples can work out their own agreement about pet care. A marital settlement agreement can include terms for the pet’s care, such as:
- Shared care arrangements, where each spouse agrees to spend time with the pet on alternating days or weekends;
- Primary ownership with visitation by agreement, allowing one spouse to keep the pet while the other enjoys scheduled visits; and
- Financial support for the pet, where one spouse contributes to ongoing pet-related expenses like food, boarding, or veterinary care.
Spouses can make their pet custody agreement a legally enforceable court order by including the terms in a voluntary, jointly proposed agreement.
Couples often use mediation, where a neutral third party helps both sides reach an agreement, or collaborative divorce, where spouses and their attorneys work together to settle issues without a court. These processes can be particularly valuable in resolving arrangements for pet care in the face of a legal system that regards pets as property.
Compassionate Legal Guidance for Maryland Families
At Apol Law, LLC, we know that divorce is a deeply personal process that affects every part of life, including your relationship with your pets. Attorney Tasnima Apol and her team provide empathetic, personalized representation for clients throughout Annapolis and Anne Arundel County. Our mission is to guide families through divorce, custody, and estate planning transitions with dignity, compassion, and legal savvy.
If you are wondering who gets pet custody in a divorce, we can help you understand your options and decide on a path forward. Contact us today to schedule a confidential consultation.