Who Gets the Dog in a Divorce?

Your dog, cat, or other pet is often considered to be a treasured member of the family. When parties separate or divorce, it can create questions about who gets the dog (cat, fish, lizard etc.) in the divorce. Here’s how Maryland law treats pets in the divorce process, and what you can expect to happen if you and your spouse can’t agree on who will get dog custody after your marriage.

“Dogs are the leaders of the planet. If you see two life forms, one of them's making a poop, the other one's carrying it for him, who would you assume is in charge.”― Jerry Seinfeld

Who Gets the Dog in a Divorce?

Dogs may be the leaders of the planet, but not when it comes to divorce in Maryland. Many pet parents treat their animals like furry children. However, in Maryland, pet custody isn’t something that regularly happens. In Maryland courts, cats, dogs, and other pets are routinely treated as personal property. That means the Maryland courts will consider the following issues:

When and How was the Pet Obtained?

If your dog is older than your marriage and you owned the animal before the marriage, it will generally be awarded to you as your separate property. You may also be able to retain possession of your dog or cat if you inherited the animal from a family member, received it as a gift from a third-party, or excluded the animal from the marital estate through a valid prenuptial agreement. If, however, Fido was acquired by you or your spouse during the marriage, using marital funds, then Fido is considered marital property.

Establishing the Value of Family Pets

You may think that Fido is priceless, but when it comes to the Maryland divorce process, your judge will need to establish the animal’s value the same as it would set the value of your marital home or vehicles. Unfortunately, most of the time, a family pet has minimal financial value. Some families breed, train, and show purebred animals worth thousands of dollars each. However, it is far more common that your family dog would be adopted for little to no money.

How Do You Equitably Divide Pets in Divorce?

It is up to the Maryland family court to divide marital property on an equitable basis. While marital property is subject to equitable division under Maryland law, there really is no way to “equitably” divide a dog. So, how do Maryland courts decide about dog custody in divorce?

If parties are able to agree who keeps Fido, then the Court will generally enforce that agreement along with the division of other personal property like furniture, personal items, or holiday decorations that are valuable, but not enough to support the related costs of litigation. If you are struggling to come to an agreement on dog custody or the equitable division of other one-of-a-kind property, you may be able to work with a mediator to find a creative solution.

By Agreement or After Mediation

If you can’t reach an agreement, even after mediation, it may come to the Court as part of your divorce trial. In extremely rare cases, the Court may decide who gets to keep a pet that has been identified as marital property. If you own two animals, the Court may award one pet to each party, and divide the assets (your pets) based on the assumption that they are approximately equal value. There is no requirement for the Court to consider what is best for the property - your pets.

Based on Equitable Value

If the animal in question is significantly valuable, such as a horse or a competition animal, the Court may, in extreme cases, award the animal to one party and award an equitable portion (generally but not automatically half the value) of that animal’s value to the other party. For example, if Fido is a show-dog and has a comparable value of $5,000, the party who loses out on Fido may receive $2,500 in monetary award or other value from the spouse that gets to keep him.

By Ordering the Sale of the Animal

In most cases, when Maryland families are unable to reach an agreement on the specific division of personal property acquired during marriage, the Court will order that the property be sold and the proceeds of sale divided. This includes our faithful, four-legged family member - Fido. This can create a kind of ultimatum where no one wants their beloved animal sold. To avoid both parties losing the pet, one or the other party will generally give up their claim on the animal to ensure that the animal does not have to be sold.

At the Law Office of Shelly M. Ingram, LLC, we strive to help clients reach creative solutions to divorce and family law concerns, including the division of marital property. We encourage our clients to explore out-of-court options, including negotiation, mediation, and collaborative law, when possible, because these options give you control and customization to decide what is best for you and your dog.

At the Law Office of Shelly M. Ingram, our Maryland divorce attorneys understand how important your family pets are to you and your children. We also know the limits of what Maryland law can do for you. We will help you negotiate a property division that accounts for your pets and your other assets. Call us at (301) 658-7354 or contact us here to schedule a consultation at our Howard County family law firm located in the Maple Lawn business district of Fulton, Maryland. We look forward to working with you.

For answers to other frequently asked family law questions, feel free to explore our FAQs on Marital Property and Divorce.