For many families, a pet isn’t just “property”—they are a member of the family. However, when a marriage ends, one of the most emotional points of contention can be who gets to keep the family dog, cat, or other animal companion.
Traditionally, Maryland law viewed pets as personal property (similar to a car or a couch). But as our bond with animals has evolved, so has the way we handle custody agreements for pets during a divorce.
How Does Maryland Law View Pet Custody?
Legally, Maryland is an equitable distribution state. This means that during a divorce, “property” is divided fairly, but not always 50/50. Historically, a judge would look at who paid for the pet or whose name is on the adoption papers to determine ownership.
However, recent shifts in family law across the country—and increasingly in Maryland—show that judges and mediators are more willing to consider the well-being of the animal. If you can’t agree on who the pet lives with, the court may look at:
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Who was the primary caretaker (feeding, walking, vet visits)?
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Who has the more suitable living environment?
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The bond between the pet and any children involved in the divorce.
Creating a “Pet Parenting Plan”
The best way to ensure your pet is protected is to keep the decision out of the courtroom. A pet parenting plan is a written agreement that outlines exactly how the pet’s life will look post-divorce.
What to include in a pet custody agreement:
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Schedule: Will the pet stay in one home, or will they travel between houses on the same schedule as the children?
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Expenses: How will you split the costs of vet bills, emergency care, grooming, and high-quality food?
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Medical Decisions: Who has the final say on major medical procedures or end-of-life care?
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Right of First Refusal: If one person travels for work, does the other gets the chance to watch the pet before they are boarded?
Mediation: The “Drama-Free” Way to Decide
Because pets are so emotional, they are often used as “bargaining chips” in high-conflict divorces. Mediation allows both parties to sit down and focus on what is actually best for the animal. At Jacobson Family Law, we help clients draft creative custody agreements for pets that prioritize the animal’s routine and the owners’ peace of mind.
Resources to Help You Stay Organized
Navigating the logistics of a pet schedule and shared expenses requires clear communication and organization.
Check out our Jacobson Family Law Stan Store for tools that can help:
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Co-Parenting Email Templates: These aren’t just for kids! Use these templates to keep communication about your pet professional and conflict-free.
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Divorce Finance Kit: Use this to track shared pet expenses so there is never a dispute over who owes what for the latest vet visit.
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Mediation Success Kit: Get prepared to negotiate a pet plan that works for your specific lifestyle.
Final Thoughts
Your pet has been a source of comfort throughout your relationship—they shouldn’t be a source of conflict during your divorce. By proactively creating a custody agreement for your pets, you ensure their life remains stable and happy as you transition into your next chapter.
Ready to create a plan for your furry family members? At Jacobson Family Law, we specialize in “Drama-Free” resolutions for every member of your family.
[Schedule a Consultation to Discuss Pet Custody]
