For many couples, the hardest part of divorce isn’t dividing assets—it’s figuring out what’s next for the family pet.
After years of morning walks, shared routines, and unconditional comfort in difficult times, it’s never easy to see your furry friend reduced to a line item in a court document. However, when it comes to pets and divorce in Maryland, the law doesn't always reflect the strong feelings people have about their pets or the meaningful role they often play in family life.
In the eyes of the court, animals are still classified as property, no different from furniture, jewelry, or a home. And unlike a child, there’s no “best interests of the pet” standard for judges to apply, even when both spouses clearly care about their animal’s well-being.
That might feel discouraging, but I always encourage my clients to understand how Maryland courts handle pets. Taking a few practical steps before or during your divorce can go a long way toward keeping your four-legged family member where they belong.
Let’s look at how Maryland law handles pets, along with some proactive approaches you can take.
In a Maryland divorce, when and how you got your pet matters.
If one spouse owned the pet before marriage, it’s usually considered separate property, and the owner prior to marriage will keep the pet. When a pet is adopted or purchased during the marriage, however, it’s typically considered marital property, meaning it can be equitably divided just like other jointly owned assets in Maryland. Equitably dividing property means that a Court will look to a fair distribution and consider many factors under the circumstances.
In such cases, I often advise clients that judges may determine ownership of a pet by examining concrete indicators, such as whose name appears on adoption papers, registrations, or veterinary records. If both spouses are listed, or expenses were evenly shared, the court must treat the animal like any other jointly owned asset. In that scenario, the judge may assign a monetary value to the pet and offset that amount with another asset or payment to keep things equitable.
In the rare event an agreement can’t be reached, a judge is technically empowered to order the animal(s) sold, with the resulting proceeds split between the parties. While this outcome is uncommon and typically reserved for animals of significant monetary value, it’s one more reason many couples choose to settle these issues through mediation rather than litigation.
The reality is that Maryland’s laws governing post-divorce pet ownership are designed for legal clarity, not compassion. That leaves the focus on ownership and process, rather than emotional bonds.
And while that might come across as cold or clinical, how you handle the process—staying organized, realistic, and open to collaboration—can help manage expectations and set the stage for a smoother outcome.
Every family’s story is different. But here are a few smart steps anyone can take to protect their pet’s place in it.
If you share children, folding animal care into your custody plan can be one of the simplest ways to settle the pet dilemma.
Framing the animal as “the child’s pet” allows it to follow the child’s schedule—an arrangement many families find reduces stress for kids and furry friends alike. Courts also tend to favor this approach because it fits neatly within an existing custody framework and avoids introducing an additional dispute into the process.
If kids aren’t part of the equation, I always tell my clients that documentation is your best ally.
Maryland courts look for clear proof of ownership, caregiving, and responsibility. Specifically, that could include:
Together, these bits and pieces shed evidentiary light on who has been caring for the animal on a regular basis.
One final note: I generally advise against shared pet custody, which can often create more friction than it’s worth. Many couples find it easier to agree on a single-home plan with occasional visits instead.
Maryland law may treat pets as property, but anyone who’s loved one knows that distinction only tells part of the story.
The decisions you make now about care, agreements, and communication can go a long way toward building a stable, happy future with your pet after a Maryland divorce.
In fact, the earlier you can address these details, the more control you’ll have. If you need us, we can help you create a plan that protects your pet and your peace of mind.
If you’re navigating a divorce and worried about your pet’s future, please contact my office at (410) 657-2515 or info@CohenLegalTeam.com to get started. Our team is ready to listen and work together to create a plan that keeps life stable for both you and your pet. We’re here to help.
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With over 20 years of experience, Kerri Cohen, a seasoned family law attorney, offers expert guidance to help you navigate this challenging process.